The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-07
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


nued in successful operation nearly eleven years, has
ing received students from eleee" OF the States, and
from Two foreign countries owing TO Tue pressure
Of extensive practice, simultaneously wh the du-
ties which the Institution involved, resolved IN Tue
year 1886 abandon o lily the practice Of my ever
and long cherished profession but also the Law insti
tule and for health and ease sought the more genial
climates of Europe Finding, at this time my health
perfectly restored and with t abatement whatever
of my zeal and devotion that great science, which,
in this country of all Others needs TO be nlehodieaiy
and carefully studed--aDd seeking, moreover, indus
trious and continued occupaon essential 10 happ-
in land that knows oilers resol ed 10 fe-esta-
bsh the Law Instiiution-and have selected Phiia-
de pha Tho place OF ito location. In doing have
thought that city in the mon affords such various
and ample Inducements for all the purposes OF The
Law Sutherland that in none can a more worthy
economy be preserved and yet with every requisite
comfort. Nt
The frequent app icarions made to from dis
lance the former OCCASION In regard Ia the partic
uars Of my enterprise, Induce me TO anticipate similar
inquiries now-and, 10 meet all such in advance,
now address this Circular, all that offer in
EXPLANATION, and probably, as all that may be requi-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics, spacious
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The all suitably fum she'd supplied
with an extensive law and miscellaneous library
10Th preceden u practice in every conceivable and APP
proved form. Suden admitted at any time
throughout he year-courses Of study, and the re-
quise books are supplied, exactly to aeet the
wants and views of The student according as he may
design 10 practice his profession either in the country
or In some OF the maritime cities The laws of every
State IN the Union in some degree dwet upon
practice Is constantly blended with teCry--but the
deep and radical error of parents well of students
Is carefully AVOIDED aude to the eous no
ton that law students be made mere mechanical
art'ans-mere attorneys learning practice by ro,e and
jealous OF book knowledge, being theoretical
his mschievous error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney good and lasting one
who was not also deeply versed in the reasons and
theory Of the law. | therefore cannot acquiesce in
and never will yield TO, the vulgar Of putting
practice before and above theory-ii is an unnatural
inrerSion OF the established order of nauresn igno
rant and slovenly way of urging young at
temps tar beyond the powers of the human mind
Tor, II he grounds and reasons of the science he not
well known the practice cannot be well known.
But the error, to which | earnestly alude, is
fouoded upoh another, which is equally false and
row, vzthat students learn the practice only in
practising ncyers office, On The contrary as gen
eral rule, 1t Is the very last place in which he ever
does, can learn the pracce-and this can be made
extremely manifest What is practice distinguish
ed from theory? Take single xample-and er uno
disco omnes. The theory, law point says to the
student, if lends his watch and sells it, or re-
fuses 10 return il, may bring what is called
ton of 1rover and Conversion. Nov iroper means
CoHpeTStOH means 10 MS
own use; and here, again. the student learns two
other theoretical law polns-viz that the finding is
now mere verbal notion, not at all MATERIAL TO be
prorsd-and secondly, that the conversion by the de-
iendan to his orn use consists in the mere withhold
ing the properly from the plaintiff although 1t should
be ever clearly proved that he in way used the
property for himself OF for any purpose whatever but
to withhold Il from the plaintiff.
Now all this theory must be learnt and good
deal more, before the practice comesand that practice
on the plaintiff part lists Of thorough know ledge
of he forms or yeetdenis-and. the defendant part
OF the like knowledge the formula of the pleas
reoinders, &C. There are, therefore books Of preee-
dents these books unfold every practical proceeding
whatever IN every action known to the law-pro
gressIvely from the importation of the rit to the final
return upon the erectaon. These formula of writs
returns TO neutrality-suspicious.
-continuances-impanneil of juues -rlal-e1-
cepons-verdict-j udgment-eI of
execution-or, on the other hand, new trial-or ap
peal SC &c.-sre all set forth in the fpreced MS so
that he who knows most Of preeedents, knows most
of practice but still these precedenls cannot them
selves be unde rsood without previous theoretical
owledge. The question then resolves tse into this
Cannot law student be well grounded in all the |
precedents, laio ,ensu, who never practising
lawyers office B Aud why not On the contrary, |
cannot he learn far more OF practice 10y the JUDI.
cous and careful study Of all the formula which he
never docs IN apfactising lawyers ofiice) than by
writing, OF rather copying, thoe simple and aston
al declarations pleas &c, whic the master If office
assigns 10 the sludentl L. it uniformly the case
that all really difficult and responsible business Of thus
sort Is done by the master himself without reach
ing the eye Of the sludento II IL does snly 10 me-
chanicslly copy 1t Again Who can distinguish be.
tween real suit in court, and fictitious one who
one student prepares the writ-another the return
another the deoloraiion- some other the pea, &c
until all the practical proceedings gone Trough
And what prevents these students making record of
the whole and then comparing all with c. rtiiicd re-
cord ON some court OF justice in like action All
this surely may be done Law Ins,Iuton-and far
tter-more quet y-snd with more me than in busi.
ness offices where many precious hours are often lost 10
useless messsges-ong ~alks--tanscr bling letters
copying mot depiang) declarations pleas replica
tons sc. generally the sole workmanship o. the
master of The Office and very seldom that Of the
student confess that all this is my mind extreme
ly plain and has long isfed me Of he popular and
serious which has placed young men In Offices |
where halle either ofthcory practice is learnt This
surely is not always the case but II is too often such
asmany depending students have found and as others
have been compelled to confess, that they never |
learned much oftheory Of practice until aflsr ueu
CAM 10 the bar bot, which time it vas found very
10 hill and arduous work and sometimes not accom-
pished even thiougha whole life Of toll Doubtless
there are many noble exceptions 10 he correctness of
these remarks but still aver az fact that nv
experience has never made me acquainted with any
young ia,ryer, who, IN candid conversation was not
wiling 20 confess that his legal education had been
very hap-hazard-and bat practice to any really val
liable and abiding extent Is the las, thing student
can ever hope Tor N practising lawyers ofiice
After extensive practice of seven and twenty
years in all of the courts, and devotion To the in-
rests Of lar students during much Of that period, may
not much to say that practice be lost
,ightofn this Institution and that nothing but mechani-
cal nar0iones Of legal education, unworthy e an en-
hkhiened lawyer could ever patronse even the init
nation that such Institutes only adop'el for
the incubation of the science and not Of the gr Of our
professon--an intImation confined, doubtless To a
very few but which, STILL is fatal TO the inte
rests of law students, and captivating TO unn-
formed parents and guardians, aud 10 the ardent
student who is liable TO be too anxious 10 practice