The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-15
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

4
nued in successful operation nearly eleven years hA'
ing reces. students from elepen OF the states, ana
| from two foreign countries. Owing TO she pressure
of an extensive practice, simultaneously WIN the dn-
ties which the institution involved resolved. IN the
1886 TO abandon not lily the practice OF my ever
and long cherished profession, but also the Law insilT
tule and for health and ease sought the more genial
climates OF Europe. Finding at this time my heaith
perfectly restored and with it abatement whatever
Of my zeal and devotion that great science, which
in this county, of all others, needs TO be nehod.cay
and carefully studied-snd seeking moreover indus
tous and continued occupation, essential 10 haPpi-
in land that knows ides resell ed TO zee sta
bI,sh the Law lnstlution-and have selected i'hifa
deihia he place of its location In so doisg have
thought that city IN the Union affords such various
and ample Inducements for ali the purpos OF The
| Law Sludent--and that in none can more worthy
economy be preserved, and yet with every requisite
| comfort.
The frequent app ieations made 10 me from dis
lance the former occasion, in regard to the parfio
uiars Of my enterprise induce to anticipate similar
ina uiries now--and, To meet all such in advance,
| now address this Circular all that can offer in
explanation, and, probably, as all that may be nqu'
site.
| The Institution dedicated alone to law studies
and their cognaie and auxiliary topics, spacious
and beautiful Blu ldng, N. III South Fifth street.
| suitable for the accommodation of about sixty stu.
dents. The rooms are all suitably fun she'd supplied
with an extensive law and miscellaneous library
w precedents Of practice in every conceivable and aI
! proved firm Studtn admitted at any time
inc ycaF--c0ufses or study, anu the
quisite books arc supplied, exactly dee, the
wants and views Of thc student according as he may
design To practice his profession, either in the country
or in some of the maritime cities. The laws Of every
State IN the Union are in some degree dwelt upon
practice is constantly . ded with hec,p--but the
deep and radical error OF parents, well of students
Is carefully avoided Il aiIude the 70 erroneous no
lion that law students are TO be made mechanical
ariisans-mere attorneys leaning practice by roe and
Jealous of book knorledgs being too iheo etcai =
| n ,Tr,r uaht 81,
science and profession, and is gross mistake since
no practising attorney was good and lasting ne
who was not also deeply versed in the reasons and
theory of the law. therefore cannot acquiesce in
and never will yield to- the ger error of putting
practice before and above theory-t is an unnatural
nrerson of the established der of nature--un isno
rant and sloveny way of urging young men on TO at
temp's far beyond the powers of the human n ind
for # The grounds and of the science be not
well known, the practice clpnot he well known.
! But the r. 10 which | SO earnestly allude is
lou ded upoh another, which is equally false and mar
row, vz.-that students can learn the practice only in
practising iacyers office On he cJnlrry, as gen
eral rule 1t Is he very last place in h, be ever
does or can learn the pracIice-and this can be made
extremely manifest W hat is practice distinguish
ed from theory? Take a single example-and ca ,nao
disco onnes The theory law point says to the
student, If lends b his watch and sells it. or re.
fuses TO return it, A may bring what is called an ac-
ton of Trover and Conversion. Now frorer means
hnding and conversion appr priating il to his
own use; and here, again, the student learns two
other theoretical law puInts-viz that the find ng is
now mere verbal fiction not all material or to be
prored secondly that the conversion by the de-
ndani to his o,cn use consists in The WITHHOLD
ing the properly from the plaintiff although il should
be ever cIea ly proved that be in way Ibe
property for himself for any purpose whatever, but
to Withhold It from the plaintiff
Now all this theory must be learnt and good
deal more, before The practice comesand that pracu,e
on The plaintiff par con isis OF thorough knowledge
OF he forms or peeednS-and, the deesdants part
of the like knowledge the torn,e of the nj, "a
rejoinders &c. There are therefore books Of preee-
denis these books unfold every practical proceed no
whatever, IN every action known to the Iaw-pro
gesssey from the importation Of the pri to the final
return up, The erectaion. These formula of wrIts
returns 10 wrts-appearan ces-ba--Inpar ances
continuanccs-m pannelllng of j1fies -lrIal-cN-
cepiions-verdict- Judgment u,ion-return Of
execulion-or on the other hand, new iral--or APP
peal, &C. &c.-nre all set forth in the lpreeed MS so
that he who knows most of precede Is, knows most
of practice but st these precedens cannot them
selves be unde without previous theoretical
know ledge. The question, then reso tse INTO this
Cannot a law student be well grounded in all the
| pecedenis, iatO senSu, who never saw a pr actsng
lawyers Office Aud why not % the Contrary
cannot he learn Tar more OF practice 10y the iud
cious and careful study of all the formula (Which he
never does 10 practising lawyers ofice) than by
whiting, rather copying thoso simple and occasion-
al dec arat ons, pleas &c, which be master an flee
assigns TO the STUDENT l. IL unifuray the c. So
that all really difficult and responsible business of this
sorl Is done 10y the master himself without reach
ing he eye OF the sludent-or, If 1t does only To me
| chanicaly copy II A gain: Who can let nruish be
lw,ena real suit in court and fictitious one 10 VIII ch
one student prepares the wrIt-an ther the return
another he declaratlJn- some other tie pea &c
until all the practical proceedings gone lhr ough
And hat prevents these students making record OF
the whole, and then comparing all with c. rhed re-
cord Fl ON court of justice in a like action All
this surely may be done Law losluution-and far
ttef-moie quietlN land with more time than 10 bus
ness offices here many precious hours often lost il
useless messages-ong walk anscr bling kuers-
coming (uot deusing) aistions pleas replica.
tons &c. generally the sole workmanship o. the
master of the office and very seldom that of the
student confess that ali this Is IN my mind extreme
Nv plain and has long ished me of The popular and
serious error which has placed young M offices
where little either ottheory or of practice is learnt This
surely Is not always the case bot is too often such
aJnany dsspOndng students have found and as others
have been compelled to confess, that they never
learned much Of theory of practice until after heu
came TO he bar but, which time, 1t found very
up hAl and erduous work, and sometimes not accom-
pished even through whole life of toll Doubtless
there are many noble ptions 10 the correctness of
these remarks but still, aver il a fact, that my
experience has never made me acquainted With any
young iaryer, who, 10 candid conversations, was not
wiling 20 confess that his legal education had been
very hap-haz ad-ond that practice to any really val
liable and abiding extent the last thing student
can ever hope Tor ~ practising lawyers flee.
After an extensive practice Of and twenty
wears IN all Of the courts, and devotion the int
rests Of lac students dunog much oftha period 1t may
not be too much say that practice be host
iQht this lnstituu,n and that nothing but mechani
cal narrOoness Of legal education, unworthy f an en-
Ii htened lawyer could ever palronise the ntl-
nation that such Inst uDn only adopted for
the ncucaon the science and not Of the art Of our
| profe, son--an iutmntlon confined, doubtless TO a |
very few bat vhch, slIll is one fatal TO the ne-
rests of law students, and so captivating 10 unin.
formed parents and guardians AID TO the ARDEN
! hn las hah In H., vi