The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-06
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

La
nued successful operation nearly eleven years nav
Jog reeey, Students from elspea OF the States, ana
from two foreign countries. Owing TO me pressure
OF an eBsye practice simultaneously wan the uu-
Ties which the lnsIitution involved, resolved, IN us
wear 1896 20 abandon lily the practice OF my ever
and long cherished profession but also the Law insi-
tute; aud for health and ease sought the more genih
climates of Europe. Finding, at this time, my heahh
perfectly restored, and with n no statement Whatever
of nv zeal and devotion that great science, WINCH
ia this country of all Others needs TO be pefhodieay
aud carefully siudied-and seeking moreover NOUS
t-ous and continued occupation, essential 10 bSpP
in land that knows no dies resol' cd to Ie-e-ia
hllsh the Law lnstlulion-and have selected Fhlid
eiphia as he place of It's location In 30 Sosg have
thought that no city in the Union affords such various
and pie inducements for all the purpos,s oi the
Law Sutherland that in con more worthy
economy be preserved, and yet with every requisite
comfort.
The requsn, app catons made TO me from dis
lance the former OCCASION in regard Ia the parfte
arS of my enterprise induce me To anticipate similar
inquiries now-and To meet all such IN advance
now address this Circular, all that | can offer IN
explanation and probably, all that may be requi-
site
The Institution, dedicated alone to law studies,
and their cognale and auxiliary topics, Is spacious
and beautiful building, NJ III South Fifth street,
suits bic for the accommodation OF about sixty stu
dents. The rooms all suitably fuTD shed supplied
with extensive law and miscellaneous ibfary--
NTH precedenfs Of practice IN every conceivable and APP
proved firm. Slud.ns are admitted al any tine
throughout The year-courses OF study, and the re-
qnsir books are supplied, SO as exactly 10 neei the
wants and of The student, according as he may
design la pracce bis profession, either IN the country,
in of the arItime cities. The laws OF every
State IN the Union in some degree dweit upon
practice is constantly bic Ided with Meery-but the
deep and radical parents, well of students,
is carefully AVOIDED aiiude 10 the
tion that Law students To be made mechanical
atisans-mere attorneys ea'n'' practice by role and
jea oi book knooiedge, b,ing too heo etical -
This mise must inevitably degrade the
science and pfnirssloD, add Is gro.s mist AXE since
practising attorney ever OF and lasting ne,
who was not also DE- lly vers,d IN the reasons and
theory Of the law. therefore cannot acquiesre in,
ana will yield TO- the vulgar error If putting
practice before nd above iheory-i il an unnatural
inrersion # the established der of na,ure-nn guo
rant and sloveny way of urging ung men on 10 al
templs far beyond the powers of the human mind
for, II he grounds and of the science he
well known, the practIc- Jiitiot he well known.
But the error, To which | earnestly aude is
fou ded upo' another which is equally false and
row, that stud, us learn the practice only IN
practising lawyers office! On he nu,ry, gen
rulr, II Is he yer, lat place IN "h h he ever
does, can iedtn le practice-a nd thus can be mad
extremely manifest " hat is practice distinguish
eel from theory? Take single cxample-and ca ulo
disco omnes. The theory a law p'int says 10 the
student # A lends b hts watch, aud sells II, or
fuses to return 1t, A may bring what Is called ac-
ton of Irpver and Conversion. Nos iroptr means
6ndng, and conversion means Apr priatug 10 his
| own u.s. and here, again, the student leans two
other theoretical law polnls-yz. that The find ng
now ,e,ba fiction not oil nateriu, or 10 BE-
propsd and secondly, that the conversion by the de-
ndant TO bis consists ia The mere wilhEo,d
ing he properly from the plaintiff although II ehouid
be ever clearly proved that he IN way the
property for himself OF for any purpose whatever but
TO Withhold Il from the plainuh
Now all this theory must be learnt aud good
deal mn bpfDrs he compS-AnI
on the plaintiff lar con let's of a thorough knowledge
Of he forms prectdens-and, the defendant part
of the like knowledge TO The JordG Of the pl, a.
r,joinders, 81. There are therefore books Of prece-
dents these books unfold every practical proceeding
whatever, IN every action knoyn 10 the iaw-pro
gressively from the importation of the ,rTt1 the final
return upon The ereoigioa These formula of wrIts
returns TO wr,is-appearanccs --bs-in pailances
ACKNOWLEDGEMENTS of juries -irIal-ex
crpuons-ycrdict- judg ACKNOWLEDGEMENTS of
extcuiiOn-or, on The other hand new tral--or APP
peal SC &c.-Ore all ~ forth in The ipreced nts so
that he who knows most of precedeats knows most
of practice but stll, these pfecedents cannot Them
selves be undo rso1d, without previous theoretical
knowl ledge. The question, then resolves ltse this
Cannot a law student be well ground,d in all the
p,ecedents, iaio Stsi, VINO never saw practising
LAWYERS office AID why not On the contrary,
| cannot be learn far more OF practice by the JUDI
cuus and careful study of all the formula hch be
never does ~ practising lawyers Office than by
whiting OF rathei copying thoe simple and occasion
al dec aTal Ons peas winch the master i an once
assigns to the STUDENT l. it not unif5rily the case
that all really difficult and responsible business of this
sort done by The master himself without reach
ing the eye OF the student-or, Il II does only tn mt
chanically COPY It Again: Who can distinguish be
tween real suI in court and fictitious IN winch
! one student prepares the wnt-another The return
! another he decaraiipn- some other The ca, &c
until all the practical proceedings gone through
Add hat prevents these students making record Of
The whole, anu then comparing all with rifrd re-
cord rom court OF justce like action An
this surely may be done ~ Law lns1tution-and far
b uet-more quiet, and with more time than IN busl
Offices where many precious hours often us, IL
] useless message--'ong ~aks-itanscr bnr hters-
coming (not depising) atoms pleas replica.
| tuns, &c 81 generally the sole workmanship o the
ma,t.r of he flee. and very seldom that of thu
student confess hat all this To my mind extreme
y plain and has Ling isied me of n. popular ami
serious error which has placed young men IN Offices
VIII, re lutte either OF Theory or is esr This
,ureis = not always the case but Is too often
asmany depending students have found md ,dhefs
have been compelled TO conirss, that Thy never
learned much of lheury of practice until after hey
came 10 N. sUj but which unc, It ~as found v.ry
no toll AID aiduOus work, and metimts not accom-
pi shed even thf ugh whole life OF toll Doubtlrss
here aic ma noble exc pIous 10 he correctness of
these iema Ks but sid, ! aver il fact, that ms
| expy,irnce hos never made I've acquainted With any
uo,fng lairucr, VINO ~ candid conyrfsatipn, was MOI
VIII nv - comics, tat hts iegsl education had been
! VERY hai-hsz ud-aud Inst practice Ia any re- y val
uabic and obidifg event Tie Iasi hing 8 udt n
can ever hoie iof n practising lawyer flee.
| Aftra ensNe prIctlcr of seven and tapnt,
y,ars n sll f the cuts, ADD de, o'ion la the int
resls Of ino students, duunp much Of that period may
hoi pe much u FAY that practice never be- ~
ightoi the InsUu aId that nUlhlng but mtohani-
cal narro,cness Of legal education unworthy "a en-
n .ntenru isVytr, ever patrii-r the int.
nation that such a lnrt utan only adopted tor
the of tn seeno, and not of the art Of ouI
profr- sion-sn irtuation confined, doubtless to a
very few, but which, s Is on 80 ftal TO the inte-
rest. ct law stude l., aud captivating 20 unin
formed ,afents add gu rdi,ns, even To- the arl,n