University of Virginia Library

XI. Professional Schools—Law

When we come to inquire into the character of the
professional schools of the University of Virginia during
the Seventh Period, 1865–1895, we find that they were
subject to precisely the same influences as those which
were, at that time, impressing themselves so deeply upon
the like schools in every important seat of learning in the
United States. As to the professional courses in all the
principal institutions, it may be said, in a general way,
that there was now a broader and more liberal interpretation
of what constituted the right preparation for their
study. This was to be perceived (1) in the growing
attention given to the scientific aspects of their subjects
as distinguished from the aspects which were purely technical;
(2) in the more rigid requirements, both as to
scope and quality, applied to the academic work preliminary
to these courses.

Let us first consider the history of the School of Law
at the University of Virginia during the reconstructive
period. When the lectures in this school were resumed
in September, 1865, the method and the course of instruction
did not differ at all from those which Professor
Minor had always followed, and which he had already
made famous throughout the Southern States. He could
very correctly say that his school had never suspended.
What need, therefore, was there for a reorganization?

Previous to the war, there had been a professor assigned
to each of the two departments. Now there was one
alone in charge of both. This was the sole point of
divergence between the two periods. But with all his
remarkable power of industry, it was as impossible now
as it had been prior to 1861, for him to conduct the
School of Law without aid. Had the attendance continued
small, the task of doing so might have been performed
successfully; but the large number of students
who flocked to his lecture-room during the opening session
made it as imperative for him to seek assistance
now as it had been at the time when James P. Holcombe
was appointed for his relief.

Stephen O. Southall, a man of many amiable qualities,
and one of varied culture and fine native talents,[1] also,
but not a great instructor, was chosen. He at once took
charge of the department of civil, constitutional, and international
law, mercantile law, and equity, while Minor
confined himself strictly to his former province of common
and statute law, in which he had already won such
high distinction as a teacher. His Institutes,—which
was an epitome of his vast fund of information bearing
upon this subject, and which, in recent years, he had furnished
to his pupils by means of a lithographic press,—
began to appear in book form, in 1870; and from this
year, it was noticed that the number of graduates in the
school steadily increased. This was due less to the augmentation
of the law class from session to session,—
which was rather moderate,—than to the larger margin
of time which its members had now to give to preparation
for the lectures and the examinations. Previous to

the war, the proportion of the young men who won the
degree of bachelor of laws was only six per cent of the
two classes. During the interval between 1870 and 1880,
this proportion rose to eighteen per cent, and ultimately
to twenty per cent. It was necessary for the student to
answer correctly at least five-sixths of the questions submitted
in the examinations.

The publication of the Institutes gave a perceptible
impulse to the spread of Professor Minor's reputation
as an instructor, and in doing so, added to the prestige
and prosperity of the school. His establishment of a
summer class in 1871,—which was conducted by him
without assistance,—contributed further to his usefulness
by creating for many persons an opportunity for the
study of law as a profession, or as a part of a liberal
education, which they would not otherwise have enjoyed;
and it also swelled the attendance upon his university
lectures, by affording a preliminary training to many
young men of moderate means who wished to become his
pupils during the regular session, but would have hesitated
to do so without the degree of preparation, on entering
the school, which was required to ensure graduation
at the end of a single session. It was observed too
that numerous practitioners at the bar were able to take
advantage of these summer lectures because delivered
during their annual vacation.

The course in the regular school of law could be still
completed in one year, although it was the advice of both
of the professors that its study should be protracted over
two. No examination for entrance had to be stood at
this time; nor was any credit allowed for work which
had been done in the law department of another institution.
Professor Minor's health having shown a tendency
to fail, after many years of unceasing devotion to

the duties of his position, the Board of Visitors, in June,
1889, offered him an assistant.[2] As a means of further
relieving him, a committee was appointed twelve months
later to report upon the advisability of establishing another
chair, one of the subjects of which should be corporation
law. The decision of this committee was adverse,
on the ground that the erection of the new professorship
would deprive the candidate of the ability to
obtain his degree by the application of one session,—a
matter of grave importance to the large number of young
men in attendance whose incomes were limited. The
course was so ordered that anyone entering upon it with
a fair degree of previous preparation, could, by the exertion
of unremitting industry, pass successfully at the end
of nine months. It was apprehended that, should such a
change be made in the course as would render this impossible,
the number of students in the school would sensibly
fall away.

Southall died previous to the session of 1885–86.[3]
The faculty of the School of Law, beginning with the
session of 1890–91, comprised Professor Minor, who
was in charge of his old department of common and
statute law, with his son, John B. Minor, Jr., as his assistant;
and James H Gilmore, who was in charge of
the remaining department John B. Minor, Jr., having
resigned his instructorship, in consequence of persistent
bad health, his brother, Raleigh C. Minor, was chosen by
the Board in June, 1893, to take his place. The subject
of mercantile law was now restored to the department
of common and statute law. By the session of 1868–9,
a new designation had been adopted for the general

course, which remained unaltered throughout this period.
Previously, it was known as the School of Law, with
two departments; afterwards, it was known as the Department
of Law, with two schools at first; namely, the
school of common and statute law, part I, taught in
1893–4 by Professor Minor, and his assistant, Raleigh
C. Minor, and part II by Professor William M. Lile;
and the school of international and constitutional law,
evidence, and equity, taught by Professor Gilmore.

While the course was so arranged down to 1894–5 as
to extend over two sessions, no student was denied the
right to obtain his degree after the application of one
session, should his power of acquisition, or his previous
preparation, have made him equal to the task. Subsequent
to this year, the increase in the number of lectures
and examinations rendered such an upshot impracticable.
The department was now divided into three schools,
which comprised six classes, three of which were spoken
of as the junior or first year, and three as the senior or
second year. The junior were engaged with the law of
pleading and practice in civil cases, constitutional and international
law, and the law of personal relations, personal
property, contracts, probate and personal administration;
the senior with the law of real property, evidence
and equity, corporation and mercantile law, the law
of negotiable instruments, and criminal law.