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Columbia University in the City of New York.

Columbia University includes both a college and a university in the strict sense of the words. The college is Columbia College, founded in 1754 as King's College. The university consists of the Faculties of Law, Medicine, Philosophy, Political Science, Pure Science, and Applied Science.

The point of contact between the college and the university is the senior year of the college, during which year students in the college pursue their studies, with the consent of the college faculty, under one or more of the faculties of the university.

Barnard College, a college for women, is financially a separate corporation; but, educationally, is a part of the system of Columbia University.

Teachers' College, a professional school for teachers, is also, financially, a separate corporation; and also, educationally, a part of the system of Columbia University. Each college and school is under the charge of its own faculty, except that the Schools of Mines, Chemistry, Engineering and Architecture are all under the charge of the Faculty of Applied Science.

For the care and advancement of the general interests of the university educational system, as a whole, a Council has been established, which is representative of all the corporations concerned.

I. THE COLLEGES.

Columbia College offers for men a course of four years, leading to the degree of Bachelor of Art. Candidates for admission to the college must be at least fifteen years of age, and pass an examination on prescribed subjects, the particulars concerning which may be found in the annual Circular of Information.

Barnard College, founded in 1889, offers for women a course of four years, leading to the degree of Bachelor of Arts. Candidates for admission to the college must be at least fifteen years of age, and pass an examination on prescribed subjects, the particulars concerning which may be found in the annual Circular of Information.

II. THE UNIVERSITY.

In a technical sense, the Faculties of Law Medicine, Philosophy, Political Science, Pure Science, and Applied Science, taken together constitute the university. These faculties offer advanced courses of study and investigation, respectively, in (a) private or municipal law, (6) medicine, (c) philosophy, philology, and letters, (d) history, economics, and public law, (e) mathematics and natural science, and (f) applied science. Courses of study under all of these faculties are open to members of the senior class in Columbia College. Certain courses under the non-professional faculties are open to women who have taken the first degree. These courses lead, through the Bachelor's degree, to the university degrees of Master of Arts and Doctor of Philosophy. The degree of Master of Laws is also conferred for advanced work in law done under the Faculties of Law and Political Science together.

III. THE PROFESSIONAL SCHOOLS.

The Faculties of Law, Medicine, and Applied Science, conduct respectively the professional schools of Law, Medicine, and Mines, Chemistry; Engineering, and Architecture, to which students are admitted as candidates for professional degrees on terms prescribed by the faculties concerned. The faculty of Teachers' College conducts professional courses for teachers, that lead to a diploma of the university.

1. The SCHOOL OF LAW, established in 1858, offers a course of three years, in the principles and practice of private and public law, leading to the degree of Bachelor of Laws.

2. The COLLEGE OF PHYSICIANS AND SURGEONS, founded in 1807, offers a course of four years, in the principles and practice of medicine and surgery, leading to the degree of Doctor of Medicine,

3. The SCHOOL OF MINES, founded in 1864, offers courses of study, each of four years, leading to a professional degree, in mining engineering and in metallurgy.

4. The SCHOOLS of CHEMISTRY, ENGINEERING, AND ARCHITECTURE, set off from the School of Mines in 1896, offer respectively, courses of study, each of four years, leading to an appropriate professional degree, in analytical and applied chemistry; in civil, sanitary, electrical, and mechanical engineering; and in architecture.

5. TEACHERS COLLEGE, founded in 1888 and chartered in 1889, was included in the university in 1898. It offers the following course of study: (a) graduate courses leading to the Master's and Doctor's diplomas in the several departments of the College; (b) professional courses, each of two years, leading to the Bachelor's diploma for Secondary Teaching, Elementary Teaching, Kindergarten, Domestic Art, Domestic Science, Fine Arts, Music, and Manual Training; (c) a collegiate course of two years, which, if followed by a two years professional course, leads to the degree of Bachelor of Science. Certain of its courses may be taken without extra charge, by students of the University in partial fulfillment of the requirements for the degrees of Bachelor of Arts, Master of Arts, and Doctor of Philosophy. "The price of the University catalogue is twenty-five cents postpaid. Detailed information regarding the work in any department will be furnished without charge upon application to

the

SECRETARY OF COLUMBIA University,
New York.

COLUMBIA LAW REVIEW.

VOL. III

MARCH, 1903

No. 3

WHAT IS THE LAW MERCHANT?

Even if those sentences of mine, quoted by Professor Burdick, were wrong, it was worth while writing them in order that we might have the very interesting article in which they are attacked. Let me transcribe the two principal sentences impeached, adding two others from the context, and then make such defence as I can ;

"As a matter of fact, and not merely of phrase, may we not even ask whether there is a law of merchants, in any other sense than there is a law of financiers, or a law of tailors? Frequent use of the word has almost produced the impression that as there was a civil law and a canon law, so also there was somewhere a 'law merchant' of very peculiar authority and sanctity; about which, however, it is now quite futile to inquire and presumptuous to argue. If the custom of merchants as to bills of exchange was recognized by the courts, so also has the custom of financiers as to the negotiability of bonds and scrips been recognized; but no one would think of referring to the 'law financier' in speaking of that negotiability. * The rules respecting bills and notes are not traceable to any foreign or extraneous body of law."

2

*

Now, I cannot deny that Professor Burdick's authorities are of the most overwhelming and convincing sort. And I admit that they establish the following propositions :

I. There were special courts for the administration of what was called the law merchant-courts pepoudrous, staple courts, courts of merchants, etc.

2. That these courts proceeded according to a practice quite different from, and much more expeditious than, the common law courts.

1 2 COLUMBIA LAW REVIEW, 470.

Ewart on Estoppel, 373-4.

3. That in such courts decisions were regulated by what was called the law merchant-the Statute of the Staple,1 providing—

"that all merchants coming to the Staple shall be ruled by the law merchant * * * and not by the common law of the land."

4. That many authorities declare that this law merchant was so well known that it was practically the same in all European countries.

5. That many authorities point to the law merchant as being the source of many of our present legal ideas.

And admitting all this, there seems to be little to do but to admit Professor Burdick's conclusion:

"It is apparent * *

*

that for several centuries there was a true body of law in England which was known as the law merchant. It was as distinct from the law administered by the common law courts as was the civil or the canon law."

Let us change the subject for a moment. Suppose that I had said, and had been attacked for saying, that, “As a matter of fact, and not merely of phrase, may we not even ask whether there is a Law of Nations?" In this case, too, I would have to make the same damaging admissions. I would agree-

I. That there was in the Roman law a special court for the administration of the "Law of Nations."

2.

That the practice in such court differed from that in other courts. (I am not sure that it did, but the point is immaterial.)

3. That in such court decisions were regulated by what was called "the Law of Nations."

4. That Justinian's Institutes declare that private law

"3

"is composed of three elements, and consists of precepts belonging to Natural Law, to the Law of Nations, and to the Civil Law; and that "the Law of Nations is common to all mankind."4

5. And that Justinian also declared that

"by the Law of Nations almost all contracts were at first introduced, as, for instance, buying and selling, letting and hiring, partnership, deposits, loans returnable in kind, and very many others

"5

The court of the Prætor Peregrinus.
4 Tit. II, ss. I, 2.
5 Tit. II, s. 2.