The Enquirer

(FOR THE ENQUIRER)

MOOT COURT

PRACTICE ILLUSTRATING

PRECEPT.

TO THE STUDENTS OF LAW, THROUGHOUT THE STATE OF VIRGINIA.

The necessity of some public establishment calculated to assist the student of law, in his pursuits, has for a long time, been felt and acknowledged throughout the state of Virginia. The plans in relation to this subject, which have hitherto been acted upon have either entirely failed in their object, or have been attended with only a partial success. The causes of these failures cannot be found in the difficulties of the object itself, nor in any want of energy or talents on the part of those to whose direction and government, the institutions have been severally confided. Men of high and acknowledged respectability, men not less distinguished for their talents than their virtues, have occasionally undertaken the difficult task of levelling the rugged obstructions in the path of the student. The notorious and unfortunate fact that their exertions have in no instance, been crowned with the success expected from them, impels us to look for the causes of their failure in the fundamental errors of the system themselves. These are many & various; but the great & ruling evil consists in the mode generally adopted, of conveying instruction. A science intricate, embarrassed and multiplex; a science in itself so difficult and obscure, as to require in its attainment, the most unremitted exertion of all the energies of the mind, and which a whole life of toil and study cannot entirely embrace, can be but slightly touched by occasional advice or the passing instructions of a public lecture. Hence it frequently happens, that the student, disappointed in his anticipations of rapid and immediate proficiency, throws by his books in disgust, and concludes the object to be unattainable, because he finds it more difficult than he expected; or even if he is inclined to persevere in his labors, it requires but little time to convince him that they may be much more profitably exerted in his own closet. It is true, the student may by a long course of private application, collect together a vast number of facts and perhaps of principles. But it should be recollected that it is not the nature of the human mind to remain passive; nor can he ever expect to be either useful or great, who contents himself with being only a recipient. These facts and principles, thus laboriously collected, can after all, be considered only as so many ornaments of the mind, affording indeed much delight in the possession, but incapable of any application to useful purposes. To illustrate this point, I need only call your attention to the numerous and distressing embarrassments which always attend the entrance of the closet student upon the practice of the bar. Ignorant of rule, unacquainted with forms, confused in his recollection of principles and utterly incapable of applying them to advantage, he stumbles on in his midnight way, and catches only here and there, a glimmering of light through mist and confusion. From this circumstance, result two important evils. On the one hand, the modest and valuable talents of the country, frequently retire in disgust, from a theatre of contest, where from an early error of education, they are constantly liable to be baffled by coxcombs in science; and on the other, the bars throughout the states, are infested with shoals of those ephemeral upstarts who, without any pretension to public favors, push themselves by impudence and cunning into public notice, and whose acquaintance with the science they pretend to practice, is as limited and confused as their oratory is blundering and crippled. These facts which, no doubt, have come under the observation of every one of you, have of course, been made the subject of your animadversions. I mention them here, only that I may have an opportunity of pointing out their remedy. It is to be found in an institution lately established in this city, the plan of which I will concisely detail to you. I invite you to participate in its advantages.

The institution alluded to is a mock court, established by the recommendation and conducted under the immediate superintendence of the Honorable Creed Taylor. The high & acknowledged standing of this gentleman both as a lawyer and a man, affords a sufficient evidence of his inclination and ability to conduct the institution upon the most useful principles, and presents a strong additional inducement to the youth of industry & ambition, to enlist under his auspices.

The court is invested by its institution, with all the various jurisdictions of the several courts of this commonwealth: but Mr. Taylor always sits as judge. According to the nature of the action is the jurisdiction of the court, and this must always be determined by the party who institutes the suit. The evidence is altogether of the written kind and is of course fictitious: but there is no difficulty in forming it in such a manner as to involve the discussion of points of law. The duties of magistrate, sheriff &c. are alternately discharged by the members of the association, but, still reserving to them under these characters- the right to practice as attorneys. All the various actions usually occurring in the course of practice, are here instituted, and conducted with the customary formalities, through all their various stages from the issuing of the writ to the execution of the judgment. Thus it will appear that by this course of practice, the student has not only the best opportunity of becoming acquainted with his own duties as counsel, but he is rendered familiar with those of the different officers of the court: an advantage not to be lightly estimated. By a rigid adherence to all the formalities of practice, he is rendered wary and circumspect; his vigilance is kept constantly on the alert, & with the same ease that he guards himself, he is enabled to profit by a want of caution in his adversary. In a word, all that useful and indispensable knowledge which years are so often consumed in attaining is, here, easily and expeditiously acquired. The practice is imbibed along with the theory, they are seated together in the mind and the principle is scarcely discerned separate from its application. The advantages thus acquired are incalculable; I leave it for yourselves to estimate them.

These observations, gentlemen, have been prompted by a desire to promote the success of an institution which, I have no doubt, will ere long be as celebrated as it is now useful. Its founder has generously disclaimed all pecuniary considerations, and acts from no other impulse than a desire to be useful. His object is laudable, his system is judicious and practicable, and ought to be encouraged. Any farther observations on the subject would be unnecessary and superfluous. The advantages of so valuable an institution will be eagerly embraced by all those, who do not prefer a benighted and boggling course to the distinct and pleasant guidance of practical science.

A STUDENT.

Should not the Professors of Law resort to this institution of Moot Courts, to embody and illustrate the principles of their Lectures?