The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-11
A CIRCULAR TO STUDENTS OF Law
IN TILE UNITED eTATEs,

II
nued In successful operation nearly eleven years nav
ing received students from eiepen OF the STATES anu
| from two foreign countries. owing 10 the pressure
of an extensive practice simultaneously with the du-
ties which the Institution involved resolved IN tue
wear 1886 abandon not ally the practce Of my ever
and long cherished profession, but also the Law ihs.
tute and for health and ease sought the more gehai
climates Of Europe. Finding, at this ume, my heai'h
perfectly restored and with II no abatement Whatever
of my zeal and devotion to that great science which,
in this country of all Others needs TO be nsthodeay
and carefully studied-and seeking, moreover INDUS
trous and continued occupation, SO essential TO haPPi
ness in land that knows iderS resos 10 eesta-
bIish the Law Instluton-aDd have selected Phiia-
deiphia he place OF It's location In 80 dong nave
thought that city in the Union Affords such various
and ample inducements for all the purposes OF the
| Law Sutherland that In none can more worthy
economy be preserved and yet with every requisite
comfort.
The frequent applications made to me from dis
lance the former occasion, IN regard To the pdrHc-
ulars of my enterprise induce me TO anticipate similar
inquiries now-and, to meet all such in advance,
now address this Circular, all that can olier IN
explanation and, probably all that may be requl-
| site.
| The Institution dedicated alone to law studies,
and their cognae and auxiliary topics, spacious
| and beautiful building NJ. ~ South Fifth street,
suitable for the accommodation of about sixty stu
| dents The all suitably furnished, supplied
| with an extensive law and miscellaneous library
u preeedents Of practice every conceivable and APP
| proved form. StudeD's are admitted at any time
through bout the year-courses OF study, and the
| quisite books supplied exactly TO neet the
wants and views of the student, according he may
design TO practice his profession eher in the country
in some of the maritime cities. The laws of every
| State in the Union In some degree dwet upon
| practice is constantly blended with Me0ry-but the
deep and radical error OF parents well as of students
is carefully avoided alude to the too erroneous no
ton that law students to be made mere mechanical
artisdns-mere attorneys learning practice by rote and
jealous of book krowiedge, being too theoretical
This mhschievous error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney was ever good and lasting enc
who was not also deeply veIsed in the reasons and
theory of the law. | therefore cannot acquiesce in
and never will yield to, the vulgar error Of putting
practice before and above theoryit is unnatural
nrerSon of the established order of naturean 10 no.
rant and slovenIy way of urging young men on to at
| tempts far beyond the powers of the human II ind
for if The grounds and of the science be not
well known, the practice cannot be well known.
! But the error, to which | earnestly aude, is
ou lded upoh another which is equally false and
row, vz-that students learn the practice only in
practising lawyers office On The cJnr,ry as gen.
eral rule II Is the very last place IN which he ever
does can learn the prac,ice-and this be made
extremely manifest. What is practice distinguish
ed from theory? Take single eXample-and ca
disco onneS The theory law point says TO the
student, if lends his watch and sells It, or re-
fuses 10 return it, A may bring what is called ac-
ton Of Trover and Conversion. Now roper
hnding and conversion means appro prating II to his
| own use and here, again, the student learns two
other theoretical law pons-viz. that the find ng Is
now mere verbal fiction, not at all material 10 be-
prOrsd-and secondly that the conversion by the de-
PENDANT to his consists in the mere withhold
ing the properly from the plaintiff, although 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 con- of thorough know ledge
of he forms preetdenLsand the defendants part
of the like knowledge as TO the formula Of the pleas
rejoinders &c There are therefore books OF preee-
dents these books unfold every practical proceeding
whatever in every action known to the law-pro
gresslvey from the importation of the ior to the final
return upon the execution. These formula of writs
returns neutrality-suspicious.
| -continuances-impanne of ures -tria-e1-
| ceptons-veIdct-j Observation-Disclosures of
! execution-or, on the other hand, tridl-or APP
peal sc, &c.-are all set forth ia the ipreoedslt so
! that he who knows moAt of predicts, knows most
Of practice but sull, these prccedcns cannot them
selves be understood, without previous theoretical
knowledge. The question, then resolves itself into this
Cannot law student be well grounded in all the
precedents, iaio scfsu, who never or actsing
lawyers office And why not On the contrary
| cannot be learn far more OF practice by the judi
cous and careful study of all the formula (Which he
never docs in practising lawyers ofhce) than by
writing OF rather copying hore simple and occasion
assigns to the student l. IL not uniformly the case
that all really difficult and responsible business Of this
sort is done by the master himself without reach
ing the eve Of the student-or Il it does only to me
chanically copy III Again: Who can distinguish be-.
tween real suit in court and fictitious one In which
one student prepares the writ-another the return
another The declaration some other the ca, DC.
until all tho practical proceedings are gone through
And hat prevents these students making record of
the whole and then comparing all with a certified re-
cord ON some court of justice in hike action All
this surely may be done q Law Instituton-and far
b ttef-more quiet ,-and with more time than in busi.
offices where many precious hours are often lost IN
useless messages-long walks-iIanscr bling letters
coming mot deriSng) declarations pleas replica
tons &c. generally the sole workmanship OF the
} master Of the Office and very seldom that Of the
student confess that all this Is 10 my mind extreme
y Main and has long lsied me Of The popular nd
serious error which has placed young IA Offices
where little either oitheory or practice learnt This
surely IS not always the case but II ~ too often such
amany dcspondns students have found and as Others
have been compelled to confess, that they never
learned much theory Of practice until after heg
came 10 the bar but, at which tme II was found very
u-bill and atduous work and sometimes not accom-
piished even through whole life OF toll. Doubtless
there are many noble exceptions To the correctness Of
these remarks but STILL aver it fact that my
experience has never made me acquainted with any
| ,otpg laruer who IN candid conycrsati1n, was not
willing 20 confess that his l6gal education had been
very hap-haz,rd-and that practice TO any really val
liable and abiding extent, ~ the last thing student
can ever hope for m practising lawyers Office.
After In extensive practice Of seven and twenty
years IN all of the courts, and devotion to the int
rests Of ia1 students, during much othat period may
not be too much say that practice never be lost
pht ofn this nstltutio and that nothing but echan-
cal na7ocneS Of legal education unworthy e an en-
hIhtencd lawyer, could ever palronise even the nu-
nation that such Inst uton only adopted for
the incubation othe science and not Of the art Of our
profession-an intmation confined, doubtless 10 a
very few bot Which, still is fatal TO the inte-
rests Of law students, and captivating 10 unn.
formed parents and guardians and 10 the ardent
student who il so liable TO be anxious to practice
before he has submitted to the tolls Of learning ho,s