Recommendations for a Course of Study in the Law
[1816-1829]
The following course of reading is recommended to a student of law who is willing to give 4 or 5 years to the study of the science before he engages in the practice.
Blackstone's commentaries should be first read with sufficient attention to impress the mind of the Student with a general knowledge of the principles treated of by the Author. In this first reading, I would not recommend a reference to other Authors for explanation of those principles; if read with proper attention, the meaning of this Author cannot be misunderstood, and a general, not a critical view of the science, is intended to be given by a first reading.
After he has finished the above Author, he should read Coke upon Lyttleton. This book, I understand, is now seldom read by students, under an idea that the antient tenures can shed but little light upon the subject of real property & its transmissibility under the laws of this & many other of the States. I am of a different opinion, and am persuaded that no person can merit the character of a thorough bred lawyer, who has excluded this learned Author from the course of his studies. Want of time may justify the exclusion, but it is not to a student so circumstanced that I am addressing myself.
Whilst the student is engaged in reading this Author, it would be well to acquire a general knowledge of the principles of Equity, and of the law of nations. The first, he will find a very dry study; which cannot be profitably pursued for many successive hours in a day. The two latter subjects are in themselves pleasing, and will be rendered more so by the variety. Let a part of each day therefore be devoted to the reading of Fonblanque's treatise on equity, with his notes, (but not the cases to which they refer) and another portion of the day to Rutherforth's institutes.
After the above books have been read, return to Blackstone's commentaries, and read them a second time, with the most devoted attention, referring to, & reading, at the same time, the cases which he cites, and, if necessary for a thorough understanding of each particular subject, & of the principles which govern it, refer to the particular part of some essay on the general subject, which applies more immediately to the point under consideration. If for example, the general subject of which Blackstone is treating should be policies of insurance, and the particular subject, should be warranty, or concealment, refer to Condy's Marshall on insurance, and to those parts which treat of the particular subject, not for the purpose of reading all the cases which he cites, but with a view to a clear development & explanation of the general principles applicable to the point.
The second reading of Blackstone in the manner first described will employ no inconsiderable portion of the students time; but it will prepare him for his next course of reading, which, if I mistake not, he will find not less profitable than it will be pleasing, I allude to the reports of adjudged cases.
But whilst reading Blackstone a second time, a few hours in each day should be devoted to the study of Criminal Law, and I recommend as the most instructive book on this subject, Chitly's 3 volumes of Criminal Law.
The Student will now enter upon the reading of the following Common law & Equity reports, appropiating so many hours of each day to the former, and so many to the latter. Whilst pursuing this course, he will find time, and a pleasant variety in his studies, to read Vattel's law of nations with attention.
The following Common law reports are to be read in the following order.
Coke's reports—Ld Raymond—Strange—Burrows—Wilson—Wm Blackstone—The Virginia reports, viz. Washington—Call—Henning & Mumford—Mumford.
The Equity reports recommended are, P. Williams—Atkins—Vezey Senior—Johnson's N. York Chancery cases. Whilst reading the Equity reports, I would recommend a constant reference to those parts of Maddock's Chancery practice which are applicable to the subject of each particular case, for the purpose of explanation and illustration.
After <th>e above course of reading is finished, and at least six months before his examination, I would advise the student employ that time in reading the Revised Code of the Virginia laws, referring as he proceeds to the cases in the Virginia reports which respect the construction of those laws. This he may easily do by referring to the index in the reports, under the appropriate head.
The various essays above mentioned (a particular list of which I will make out at some other time) to which I have advised the student occasionally to refer for the purpose of explaining the principles and the reasons which govern particular cases, may be read through with great advantage after the student has engaged in practice, referring, as he proceeds, to the cases cited by the Authors & reading them attentively. Then will be the proper time to read the American reports of cases—such as Dallas, Clanch—Wheaton—Johnson's N. York common law reports—Massachusett's reports.
Brown's chancery reports, and Vezey Jr & many others not mentioned above, need not I think be read through at any time, although they will form necessary parts of a Lawyer's library to be looked into in the study of those cases which may engage the practitioners attention.
It seldom happens that a young man, after he is admitted to the bar, has not upon his hands one, two, or three years of comparative leisure before he is much engaged in practice. I would advise him to employ a part of that time in reading and copying from the best books of entries some of the pleadings and judgments in all the various forms of actions, so as render those forms familiar to him.
Let the student avoid reading abridgements of all kinds—Keep no note books, and in short, take very few notes, if any, of what he reads, placing his whole reliance upon memory, and not taxing that memory at any one time, beyond what it can easily receive and retain.
Let him never leave a subject without understanding it.
I need scarcely observe that the course of Law studies above recommended, is not intended to engross the whole of the students time, a due proportion of which ought to be regularly devoted to general literature, reading of the dead & living languages acquired at school, the best English classics &c.
D, DSupC. John Augustine Washington II wrote on the verso of the final page, "<mutilated>t of Books If either of my sons should study law I wish them to follow the within directions as given by Bushd Washington of Mt Vernon at my request."