The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-31
A CIRCULAR TO STUDENTS or LAW
In THE UNITED STATES.


nued in successful operation nearly eleven years, hav-
ing received students from eepe of the States, and
from two foreign countries. Owing TO the pressure
OF extensive practice, simultaneously WIN the du-
ties which the Institution involved resolved IN the
year 1886 abandon ally the practice OF my ever
and long cherished profession but also the Law inst
tute and, for health and ease, sough, the more GENIAL
climates Of Europe. Finding al this time, my health
perfectly restored, and with abatement whatever
of my zeal and devotion TO that great science WHICH
in this country of all others needs to be meiodieay
and carefully studed-and seeking, moreover Indus
trous and continued occupation essential TO hsppi-
ness In land that knows oilers reso ed 10 e-esta-
blish the Law lnstitution-and have selected Phia-
deihtG as The place OF lis location In dong have
thought that no city 10 the Union affords such various
and ample Inducements for all the purposes OF The
Law Sutherland that in none a more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made 10 from dis
lance, the former OCCASION in regard the parte
,I@s of my enterprise, induce anticipate similar
inquiries now-and, to meet all such in advance,
now address this Circular, as all that can offer IN
explanation, and probably, as all that may be rcqui-
site.
The Institution, dedicated alone to Jaw studies,
and their cognate and auxiliary topics, spacious
and beautiful building, NJ. 1T South Fifth street,
suitable for the accommodation of about sixty stu
dents The rooms all suitably furnished supplied
with an extensive law and miscellaneous library
,o precedents Of practice in every conceivable and APP
proved form. Studens admitted at any time
throughout the year--courses of study, and the
quisite books are supplied, exactly to meet the
wants and views Of the student, according he may
design TO practice his profession ehef IN the country
in some of the maritime cities. The laws Of every
State in the Union in some degree dwelt upon
practice is constantly pleaded with theo,y--but the
deep and radical of parents, well of students
is carefully AVOIDED aude 10 the too erroneous no
ton that law students are to be made mechanical
n'iisans-mere attorneys learning practice by role and
jealous of acknowledge, being too heorei -
This mIschievous error must inevitably degrade the
science and profession and is groes mistake since
no practising attorney was ever good and lasting one
who was not also deeply versed in the reasons and
theory of the law. | therefore cannot acquissce in,
and never will yield to, the vulgar Of putting
practice before and above theory-it is unnatural
Inversion Of the established order of na,ure-an g no
rant and slovenly way of urging young on TO at
tempts far beyond the powers of the human mind
Tor If the grounds and of the science be
well known, the practice cannot be well known.
But the error, to which | earnestly aude is
founded upoh another, which is equally false and mar.
row, vz.that students learn the practice only in
practising laioyers office On tho contrary as gen
eral rule, II is the very last place in which he ever
does or can learn the pracce--and this can be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and er uno
dtsce omnes The theory law point says to the
student, if lends b his watch and b sells it, or re-
fuses To return ii, A may bring what is called an ac-
tiOn OF TONtr CONVERSION. NOW fT0rtT means
hndiDg and conversion means appropriating to his
own use; and here, again, the student learns two
other htoretiedf law polnts-viz that the find ing Is
now mere verbal fiction, not all material, 10 be
prored-and secondly that the conversion by the de-
fendant TO his consists in the mere WITHHOLD
ing the properly from the plaintiff, although il should
be ever clearly proved that he IN way the
property for himself for any purpose whatever but
TO withhold II from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comes-and that practice
on the plaintiff part coD,sts OF thorough knowledge
of he forms rprectdenls-and the defendants part
OF the like knowledge TO the JorTlG Of the pleas
rejonders, &c. There are, therefore books Of prece
dents these books unfold every practical proceeding
whatever, in every action known to the iaw-pro
gressvey, from the importation of the criito the final
return upon The eIectaion These formula of wrlts
returns TO Dces-bai!-mpaI lances
ntnuances-ImpannelliDg of Juries -irial-eI-
ceptions-veIdict-Jud gment-e1ec Of
execuon--or, on the other hand, ,rial-or APP
peal, &c &c.-ure all SGT forth IN the ipreced MS so
that, he who knows moAt of precedeHis, knows most
of practice but STILL these pIecedents cannot them
selves be understood, without previous theoretical
knowledge The question: then resolves tse into tn
Canno, law student be well grounded in all the
precedents laio seilSI, who never saw practising
lawyers officel And why not On the contrary
cannot he learn far more Of practice Ivy the iud-
cous and careful study Of all the forrnile (Which he
never does Ia practising lawyers oihce) than by
writing, rather copying, those simple and occasion
al declarations, pleas &c, which the master Of office
assigns to the STUDENT Is it not unformly the case
thai all really difficult and responsible business Of this
is done by the master himself without ever reach
ing the eye Of the sludentor # II does only To me-
chanicaliy copy III Again: Who distinguish be-
tween real suit IN court and fictitious one in which
one student prepares the NTlt-another the return
another be declaralion- some other the d ca &c
until all the practical proceedings are gone through
And vhat prevents these students making record Of
the whole and then comparing all with a certified re-
cord rom court Of justice in a like action All
this surely may be done IN Law Insututon-and far
b. er-more quiet, -and with more time than 10 bust.
ness offices where many precious hours are often lost ia
useless messages-Iong walks-iianscr bling letters
copying (not deriSng) declarations, pleas, replica
tons &C generally the sole work manship o the
master of The office and very seldom that Of the
student. confess that all this is my mind extreme
y plain and has long lsfcd me Of the popular and
serious error which has placed young men IN Offices
where little either Of theory Of practice is learnt This
surely - not always the case bot 1t too often such
asmany depending students have found and as obers
have been compelled TO confess, that they never
learned much Of theory ofpractice until afer theu
came In hs bar but at which time it wag found very
uphill and arduous work and sometimes not accom-
piished even through a whole life Of toll. Doubtless
there are many noble exceptions to The correctness of
these remarks but still, aver 1t az fact that nv
experience has never made me acquainted with any
Young laoger, who in candid Conversation was no,
wiling 20 confess that his legal education had been
very hap-hazard-and that practice any really val
liable and abiding extent, Is the last thing a studcn,
can ever hope for IN practising lawyers Office.
After ar extensive practice Of seven and twenty
years IN all Of the courts and devotion to the int
rests Of lac students, during much of that period it NAV
not be much to say that practice never be lost
light on this Institution and that nothing but mecani
cal narrooness Of legal education unworthy of an en-
ghtencd lawyer, could patronise even the init
nation that such Institution only adopted for |
the medication ofthc seones and not OF the art of our
professon-an ntmation confined, doubtless TO A |
very few, but which, still is fatal TO the inte-
formed parents and guardians and 20 the ardent
student who is 30 liable to be too anxious To praoo,