DELAY AND DIFFICULTY
Less than three years after he had made his bequest, James McGill died,
in December, 1813. Soon after his death the executors of his will sought
to fulfil his desire with reference to the establishment of a College,
and to ensure that the conditions imposed with regard to time would be
complied with as speedily as possible. But they were confronted by
obstacles over which they had no control. The will bequeathed the
Burnside Estate and the Endowment Fund to the executors in trust, on the
understanding that they should as soon as convenient after the
testator's death convey it to the Royal Institution for the Advancement
of Learning, to be used by them as provided under the Act of 1801. But,
as we have seen, the organization of the Royal Institution was bitterly
opposed by one section of the community. Every effort to have trustees
appointed and to have the Institution put in actual operation was
frustrated. The authorities feared to cause friction or discord, and
they preferred postponement. There was therefore no Royal Institution,
other than in name only, to which the McGill bequest could be conveyed.
There were no trustees. It was necessary first for the executors and
those interested in the establishment of the College to effect the
actual organization of the Royal Institution by securing the
appointment of trustees as called for by the Act. They continued, with
vigour, to impress this necessity upon the authorities in order that the
McGill bequest should not lapse, and they were promised prompt action.
But in that troubled period of warfare the Home Government was involved
in too many difficulties to devote time to the problem. Action was for
these various reasons consequently long delayed and it was not until
1818 that the promise was fulfilled and that the authorities at last
appointed Trustees and established in fact the Royal Institution. Were
it not for the fear of losing the legacy,--a misfortune which after all
was narrowly averted,--and the persistent efforts of the executors, the
appointment would have been doubtless longer delayed. The Provincial
Legislature could not appoint trustees without orders and they were
unwilling to make any grant of money without authority from the Colonial
Office.
But as a result of the hopeful promise made to the executors by the
authorities towards the close of 1814, the former began to discuss and
to put forward plans for the carrying out of the desire of the founder
of the College. The Rev. Dr. Strachan was their spokesman. On February
14, 1815, he wrote to three personal friends who were then members of
the Legislature of Lower Canada asking their co-operation and
assistance, advising haste, and setting forth his own ideas on the
establishment of McGill College,--ideas based on his knowledge of
educational conditions in Canada and on his own experience of nearly
twenty years in educational work. He urged the Provincial Legislature to
act independently of the Home Government and to grant the funds
necessary to put the College at once in operation, and he suggested
making use of the Jesuits' Estates or the Crown Lands for this purpose.
From this letter the following extracts are of interest:
"As we [the Executors] have sent the necessary documents to the
Commander of the Forces to point out the necessity of his acting
promptly in establishing a College according to the conditions of Mr.
McGill's Will, and as it is probable he may apply to the House of
Assembly upon the subject, I furnish you with my ideas.
"The scheme enclosed for the two Schools and College is as economical as
it can well be to render it respectable and useful. The number of
students will not be great for some years, nor will it ever be such as
to make the Professorships lucrative. Even the Principal will hardly
ever be able to reach one thousand pounds per annum, a remuneration
sufficiently moderate for the accumulated duties which he will have to
perform and to maintain in such an expensive place as Montreal the
dignity of his station. If the Provincial Parliament waits for something
to be done by the King all will be lost,--for the Government have too
many things to call their attention. But when the matter is once set on
foot, an address from the Legislature can at any time procure assistance
from His Majesty's Ministry. Yet six thousand pounds per annum appears
to me a trifle, considering the increased opulence of the country. It is
not probable that the Roman Catholics will object to such an
arrangement,--they have already three Seminaries said to be well
endowed,--but if any of them be poor the Legislature ought to grant them
pecuniary relief.
"I say nothing respecting religion, but in the Chapel of the University
Lectures on Theology may be given to Protestant students, which Roman
Catholics shall not be required to attend. There are many particular
regulations which I do not mention, I just furnish a crude outline.
"You are to recollect that if nothing be done, you will soon lose Mr.
McGill's donation. The time will never again be so propitious. I say
nothing about the nomination of Professors; men of some talent must be
selected and of great zeal for the promotion of the Sciences. The first
Principal will have many difficulties to encounter and may not live to
see the Seminary in a very flourishing condition, but it will ultimately
exceed the most sanguine expectations.
"I prefer the form of the Scotch and German Universities to the English,
or rather a mixture of both plans, because much more may be done at
one-fourth of the expense. In the English Universities the public
Professors seldom lecture more than once a week,--many of them not at
all; the whole system of teaching is conducted by Tutors and emulation
and a love of study is kept up among the students by fellowships, etc.
The great opulence of Cambridge and Oxford is far beyond our reach, and
although I should be sorry ever to see them lose a shilling, for I think
them wisely adapted to so rich and populous and learned a country as
England, I consider them unfit for this country. Our professors must
each during the session, give two, three, or even four courses of
lectures, till the funds afford the means of increasing their number.
"I must further add on the subject of finding Professors, that gentlemen
newly from England, and accustomed to the wealthy Universities of that
country, may not always possess the qualities necessary to make them
useful in this projected Seminary. Learning they may have in abundance,
but the industry, labour (I may say drudgery) and accommodation to
circumstances cannot be expected from them. There are several gentlemen
in this country qualified for the first race of Professors, and after
the Seminary is once set agoing there will be no risk in electing
Englishmen to fill vacant chairs, because the rules and regulations
being established, all must submit.
"I have only mentioned one restriction, the Principal to be of the
Church of England. This, I think necessary on many accounts. The
Seminary must and ought to have a distinct religious character, and this
simple regulation will confer it without circumscribing its liberality
and openness to all persuasions. I think also the Principal's department
should be Moral Philosophy or Theology."
In the same letter Bishop Strachan outlined his suggested scheme for the
organisation of McGill College. He pointed out "that the necessity of
sending young men out of the Province to finish their education has been
found both dangerous and inconvenient; that reason and policy equally
demand that our youth be educated in the Province, or in England, if we
wish them to become friendly to our different establishments and to the
Parent State; that few can defray the expense of sending their children
to England, and, if they could, the distance from parental authority is
dangerous to their morals; and that there is at present no Seminary in
which the English youth of Canada can obtain a liberal education."
To remedy these alleged evils, he therefore proposed that there should
be established "two Grammar Schools, one at Quebec, and one at Montreal,
each under a Rector or Head Master and three Assistants, at which the
following branches of education shall be taught: the Greek, Latin,
French and English languages, Writing, Arithmetic, Geography, and
Practical Mathematics. These schools, to be appendages and nurseries for
a University to be established on the model of the Scotch and German
Universities in the neighbourhood of Montreal, on the property
bequeathed for that purpose by the late Honourable James McGill, and to
be named as he desired, McGill College or University; that the following
branches of academical education be taught in the said University, (1)
Greek and Latin; (2) Natural History and Botany; (3) Mathematics and
Astronomy; (4) Natural Philosophy and Chemistry; (5) Moral Philosophy,
Logic and Rhetoric; (6) Surgery and Anatomy; (7) Civil and Public Law;
that the Professors of Surgery and of Civil and Public Law shall not be
required to reside within the College; that a house be provided within
the College for a Principal and four Professors; that the members of the
University be constituted a Corporation capable of sueing and being
sued, and of receiving donations of money and lands, etc., for the
benefits of the Institution; that the Principal be always a clergyman of
the Church of England; that young men of all denominations, as
Christians, be freely admitted to the different lectures; that new
Professorships be established as soon as the funds will admit; that the
University be represented in the House of Assembly by two Members; that
no degree be conferred upon a student who has not resided three years;
that an attendance of three years at the University shall entitle a
student to be called to the Bar one year earlier than any other,
provided he be of age; that a report of the state of the University be
annually laid before Parliament; that there be frequent Visitations by
the Bishop, the Chief Justice, the Speaker of the House of Assembly,
etc., appointed a committee for that purpose; and that there be two
public examinations every year."
Dr. Strachan estimated the expense of the necessary buildings to be
£18,000, "made up of £4,000 for each of the two Grammar Schools
including residence for the Head Masters, and £10,000 in addition to
James McGill's bequest of £10,000, an excellent site and house extremely
commodious for the Principal or one of the Professors." The annual
expense of the Grammar Schools was estimated at £2,000, "made up of £300
a year to each of the Head Masters, £200 a year to each of two second
Head Masters, £100 a year to each of four Under Masters, and £300 to
each school for servants, repairs, library, premiums, etc." It was added
that "this will render them desirable, and together with a moderate fee,
payable by each scholar to his respective Teacher, will make them an
object to men of talent!"
The total annual expense of the University was estimated at £4,000, made
up as follows: "The Principal to be also a Professor, £750; the Senior
Professor, £500; three Professors, £400 each; the Professor of Surgery
and Anatomy, and the Professor of Civil and Public Law, £200 each; in
addition each Professor is to enjoy a moderate fee from the students
attending his lectures; for the purchase of books for the Library,
£300; for the purchase of Philosophical and Chemical apparatus, £250;
for the purchase of Plants for the Botanic Garden, £100; Librarian's
salary, £100; Gardener's salary, £100; Servants and Contingencies,
£300." It was explained that smaller salaries were given to the
Professors of Surgery and Law because "they will be Professional men not
expected to reside in the College or to be exclusively confined to its
duties, but attending at the same time to their private practice."
Three reasons were given by Dr. Strachan for preferring Montreal to
Quebec as the place for the establishment of the University: "its more
central position; its greater suitability for a Botanic Garden; and the
large sum of money and a most beautiful estate already given for the
express purpose." In conclusion, Dr. Strachan wrote: "Thus it appears
that for an appropriation of £18,000, and six thousand pounds per annum,
an establishment may be formed of incalculable importance to the
Province, in a religious, moral and political light. The Legislature
might in a few years be relieved from the burden by procuring from the
Crown the Jesuits' Estates to be given for the support of the
Institution, and by grants of lands capable of becoming productive. The
allowance for Philosophical and Chemical apparatus will in a few years
become too great; the surplus may then assist the library."
The three members of the Legislature to whom this letter was sent by Dr.
Strachan at once brought it to the attention of their colleagues, and
the question was again referred to the Home Government. It seems to have
been pressed with earnestness and persistence but it was apparently not
regarded as very urgent by the Colonial Office. The authorities were
evidently too busy with the Napoleonic Wars in Europe and America, and
with their own internal problems to give much attention to Colonial
education, and the year passed without further action. Finally, on the
30th of December, 1815, Lord Bathurst wrote from Downing Street to Sir
Gordon Drummond, then administering the Government of Lower Canada, the
following letter asking for information about the Jesuits' Estates, and
intimating the intention of the Government to proceed with the
establishment of a College or Colleges in the Province, for the erecting
of which the revenues of these estates might be used:
"His Royal Highness, the Prince Regent, being desirous of marking by
some permanent establishment the high sense which he entertains of the
exertions made by the Provinces of Canada during the late war with the
United States, has been pleased to signify his intention of founding and
endowing in the Province one or more Colleges for the education of
youth. An establishment so necessary cannot be too early accomplished,
and although the details of such a measure are not completely arranged,
yet Montreal has been from its central situation selected as the town
best fitted for such a purpose. There does not appear any reason why the
commencement of the work should not take place immediately. You will,
therefore, lose no time in selecting such a spot in the immediate
vicinity of Montreal, taking care that the ground selected be
sufficiently extensive to leave an adequate space for the formation of
walks and gardens, and you will proceed without delay to enclose it for
that purpose. You will further take the necessary measures for
acquainting the trustees in whose hands the late Mr. McGill deposited by
will a sum of £10,000 in aid of this object, that it is the intention of
His Majesty's Government to commence such an undertaking and to call
upon them as soon as the plan shall have been definitely settled for the
application of the funds entrusted to them for the purpose of erecting
the building. I forbear in this first stage of the undertaking to
mention either the assistance which His Majesty's Government is prepared
or may be enabled to give or that which the Province may be disposed to
contribute. The benefits of such an establishment are such as must be
felt both in the Colonies and in the Mother Country, and when felt
cannot but ensure on the part of both a hearty co-operation and liberal
support.
"With a view to the endowment of a College, the estates lately belonging
to the Jesuits and now in possession of the Crown, afford a resource of
which His Majesty's Government are to a certain extent determined to
avail themselves. But previous to deciding upon the extent of the
establishment it is necessary that I should be informed of the present
value of these Estates, of their capability of improvement and of the
mode in which their revenues have hitherto been disposed of.
"I have therefore to desire that you will as early as possible furnish
me with adequate information upon these several points. Upon the receipt
of which His Majesty's Government will lose no time in entering upon the
final arrangement of an establishment calculated to afford to all
classes of His Majesty's subjects in the Province that degree of
education and those means of improvement which they have hitherto been
compelled to seek at a distance from home."
It is evident from the above letter that the writer had no knowledge of
the conditions of James McGill's will nor was he aware that before
Colleges could be established it was first necessary to appoint Trustees
for the Royal Institution and thereby to enable that body to assume
control of educational institutions established in the Province, as
already provided for by the Act of 1801. However, the Executors of the
McGill will were informed, as requested, of the Home Government's
intention, and the information asked for with reference to the Jesuits'
Estates was forwarded to the Colonial Office. Lord Bathurst was
apparently meanwhile made acquainted with the conditions of the will and
with the Act of 1801. A few weeks later, on March 14th, 1816, he again
wrote to Sir Gordon Drummond, as follows:
"My despatch of the 30th December will have informed you of the
determination of His Royal Highness the Prince Regent to avail himself
of the return of peace to forward the important objects of education and
instruction in His Majesty's Dominions, and especially in the Provinces
of Canada. When I then addressed you I had not had an opportunity of
perusing the will of Mr. McGill which afforded by the liberality of his
bequest such important assistance in carrying such an object into
effect. I have since been furnished with a copy of the will of which an
extract is enclosed for your consideration. You will no doubt observe
that the mode in which the bequest is directed to be made, no less than
the nature of it, superseded the necessity of carrying into effect the
instructions conveyed to you on the 30th December under an erroneous
impression of its contents. You will therefore consider that instruction
to be recalled and in lieu of adopting any measures for enclosing a spot
well fitted for the erection of the University, you will suspend all
measures of such a nature till the necessary preliminary arrangements
have been made in conformity with the Act of Parliament of the Province
of Lower Canada passed in the 41st year of His Present Majesty, entitled
'An Act for the Establishment of Free Schools and the Advancement of
Learning in this Province.' Those arrangements you will immediately
carry into effect, by appointing under the Great Seal of the Province
the following persons to be Trustees of the Schools of Royal Foundation
in the Province in the manner and for the purposes specified in the Act
and constituting them a Body Corporate by the name of the Royal
Institution for the Advancement of Learning. The persons to be nominated
in the first instance are the Governor, Lieutenant-Governor, or person
administering the Government for the time being; the Right Reverend
Jacob Mountain, Bishop of Quebec; Jonathan Sewell, Esq., the Chief
Justice of the district of Quebec; James Monk, Esq., the Chief Justice
of the district of Montreal; the Reverend J. O. DuPlessis,
Superintendent of the Romish Church.
"As soon as this preliminary arrangement shall have taken place you will
call upon the persons named in Mr. McGill's will for the execution of
the trust reposed in them, and you will by an early opportunity receive
detailed instructions for your future proceedings."
Three weeks later, on the 9th April, 1816, Lord Bathurst forwarded to
Sir Gordon Drummond the following despatch containing the names of
additional Trustees and cancelling for obvious religious, political and
racial reasons which would prevent criticism the former appointment of
the Governor:
"In my despatch of the 14th ult., I conveyed to you the instruction of
His Royal Highness, the Prince Regent, to nominate and appoint under the
Provincial Act of 1801 a Body Corporate for the Advancement of Learning,
and I communicated to you the names of several persons who appeared best
qualified for such a duty. It has since appeared more advisable to
increase the number of Trustees to eight in order to obviate the
inconveniences which if the number were less might arise from the
non-attendance of individual members. It has been deemed proper also in
order to obviate all objections which might be grounded on the
circumstances of the peculiar situation in which with regard to this
commission the Governor is placed, to withdraw from that commission the
name of the Governor or Officer administering the Government. You will
therefore take the necessary measures for inserting in the Patent the
following names in lieu of those which I have previously specified,
viz.--Jonathan Sewell, Esq., Chief Justice of the district of Quebec;
James Monk, Esq., Chief Justice of the district of Montreal; the Right
Rev. Jacob Mountain, Bishop of Quebec; Rev. J. O. DuPlessis,
Superintendent of the Romish Church; the Rev. Dr. Alexander Sparke of
the Church of Scotland; John Richardson, Esq., of Montreal, a member of
the Executive and Legislative Councils; William Bachelor Coltman, Esq.,
of Quebec, a member of the Executive Council; and John Reid, Esq., of
Montreal, one of the Judges of the Court of King's Bench."
Notwithstanding the above instructions the Provincial Government was
slow to act, for reasons already specified. Opposition to the
establishment of the Royal Institution continued to be powerful and
somewhat bitter, and two years passed before trustees were finally
appointed. The Rev. J. O. DuPlessis, the Superintendent of the Romish
Church, objected to becoming a member of the Board, and later declined.
Meanwhile vigorous efforts were made to have the grants for schools and
the McGill bequest augmented by the Crown, through the use of Crown
Lands or the revenues of the Jesuits' Estates as partly promised in Lord
Bathurst's letter of December 30, 1815.
As a result of these persistent efforts by some members of the
Legislature and by church authorities interested in education, the Home
Government realised that the funds devoted to educational institutions
were lamentably insufficient and that additional means should at once be
provided for the better equipment of schools and for the engagement of a
greater number of teachers. They seem to have realised, too, that the
bequest of James McGill was not in itself sufficient to provide for the
erection of College buildings and for a subsequent endowment. They
therefore decided after much consideration to make use of the estates of
the Jesuits which had reverted to the Crown on the extinction of the
order. For several years the assigning of the revenues of these estates
to educational and religious purposes under Protestant control had been
advocated and by the strange irony of history this was in time brought
about. Indeed, as early as February 10th, 1810, Sir Gordon Drummond,
then administering the Government of Lower Canada, wrote from Quebec to
the Colonial Office stating that the Anglican Cathedral in Quebec "was
badly in need of repair and that for the purpose of repair there was
little hope of obtaining from the inhabitants of Quebec any contribution
worthy of consideration." He therefore asked that the Home Government
should authorise him to devote to the purpose part of the revenue
arising from the Jesuits' Estates, the whole of which "to the amount of
more than £4,500 annually has hitherto been transferred to the Military
chest." And he added, "I beg leave to suggest my opinion that this is
the most proper source from which the means of repairing the cathedral
can be drawn, and indeed, that this fund might with propriety in the
future be applied to the general support of the places of worship of the
Established Church throughout the Province."
In answer to this request, however, no immediate action was taken, for
although the Home Government had a legal right to dispose of the Estates
as they saw fit, they naturally wished to proceed slowly and tactfully
in order to avoid religious friction or bitterness within the Province.
In 1815, when, as already pointed out, it was intimated by the Colonial
Office that the Jesuit Estates might possibly be appropriated in aid of
the McGill bequest, there seems to have been no intention to limit the
assistance which should be provided by this increased revenue to McGill
College alone. On the contrary, the object appears to have been to use
the additional funds in order that, irrespective of race or creed, the
benefits of education might be diffused as widely as possible throughout
the country. But delay again followed, and it was not until the next
year that definite instructions were issued by Lord Bathurst for the
transfer of the Jesuits' Estates to the Royal Institution for the
Advancement of Learning. These instructions were contained in the
following historic letter, destined to have so large a part in the
establishment of McGill College and in Canadian education, and forwarded
to the Officer Administering the Government of Lower Canada by Lord
Bathurst from Downing Street on May 10th, 1816:
"I have already expressed to you the gracious intention of His Royal
Highness, the Prince Regent, to forward the extension of education in
the Provinces of Canada and I have pointed out the preliminary measures
necessary on your part to give effect to that intention. In furtherance
of this object, I have received the commands of His Royal Highness to
instruct you to transfer to the Trustees of the Royal Institution for
the Advancement of Learning all those estates which formerly belonged to
the Society of Jesuits, which, since the abolition of that order, have
been vested in the Crown, in order that the Royal Institution for the
Advancement of Learning may possess present means for establishing and
maintaining the Seminaries which it may be necessary to found and may
possess the revenue which cannot fail progressively to increase in
proportion to the improvement of the Provinces and the consequent demand
for additional means of instruction.
"In transferring, however, those estates to the management of the Royal
Institution for the Advancement of Learning, you will retain for the
future disposal of His Royal Highness the accumulation of the rents and
profits of preceding years which may be either in the hands of the
Receiver of those estates, or which may have been by him paid to the
Colonial Government, and you will with as little delay as possible
transmit to me a detailed account of the amount of the Fund which has
been so created."
Meanwhile the executors of the will of James McGill had been again
informed of the definite intention of the authorities to proceed with
the erection and endowment of a College at Montreal, and on May 13th,
1816, John Richardson, one of the surviving executors, acknowledged on
behalf of himself and his colleagues receipt of the information in the
following letter, in which, remembering perhaps Lord Bathurst's letter
of December 30, 1815, they emphasised the conditions imposed in the
will:
"We have the honour of receiving your letter of the 9th inst., written
by command of His Excellency, the Administrator in Chief, to acquaint us
that His Majesty's Government have it in contemplation to erect and
endow a College at Montreal and that it is their intention as soon as
the plan of this establishment shall be definitely settled, to call upon
us as Trustees of the Will of the late Mr. McGill for the application of
the lands entrusted to us for that purpose.
"And further desiring to be acquainted for His Excellency's information,
what are the extent and advantages considered with reference to the
object proposed of the House and property of the late Mr. McGill in the
vicinity of Montreal and whether the grounds are sufficiently extensive
to have an adequate space for the formation of walks and gardens,--in
compliance with His Excellency's desire, we have to acquaint you that
the grounds above mentioned contain about forty-six superficial arpents
in a very healthy, moderately elevated, and pleasant situation, well
watered, at a convenient distance from the city towards the mountain,
and consequently appear to be sufficiently extensive and well calculated
for every purpose of the contemplated establishment. There are already
upon the premises a good stone house of two and a half stories, a barn,
office, and a large garden, which may be applied to the residence of the
President or some of the Professors or to other useful purpose connected
with the object in view.
"We have further to acquaint you for His Excellency's information that
the devise by the late Mr. McGill is upon several conditions, one
whereof is that 'one of the Colleges be named McGill College, or if only
one College should be selected, then that the said one shall be called
McGill College!' Another of the conditions is 'that it be erected upon
the tract so devised.'
"We therefore take the liberty of suggesting that it will be needful in
forming the plan of the establishment to attend to these conditions so
as to enable the Trustees to act in conformity to the trust reposed in
them by the will of the deceased."
Two years of inaction followed, and even after the trustees of the Royal
Institution were appointed, delay characterised the efforts of the
authorities. There seems to have been considerable disagreement between
the Home Government and the Provincial Government with regard to the
exact objects for which the revenue of the Jesuits' Estates was
intended, and on the method of distribution. The Home authorities would
not agree to assign any of the revenue to aid in the establishment of
McGill College. Finally, in 1819, Lord Bathurst directed the Duke of
Richmond, the Governor-General, immediately to commence the building of
McGill College, and he authorised him to defray the expense which it
might in the first instance be necessary to incur "from any funds which
might be in the hands of the Receiver of the Jesuits' Estates." But this
instruction was not carried out. Its object seems to have been merely to
prevent the lapse of the McGill bequest in conformity with the expressed
condition of the will that the College should be erected within a
definite time. Further, the proposed assistance from the Jesuits'
Estates seems to have been an advance and not a gift. It is unnecessary
here to follow in detail the disagreement and the struggle arising from
the distribution of the revenue of these estates. For several years the
subject was one of controversy, and meanwhile the cause of education
suffered. In 1823 Lord Bathurst recommended to the Lords Commissioners
of the Treasury that a loan of £50,000 at 4% interest should be granted
to the Royal Institution, but this recommendation was not complied with.
In 1825 a system was proposed by Lord Dalhousie, and subsequently
followed, by which the management of the estates was taken over by the
Inspector of the King's Domain under the control of the Governor in
Council. He was allowed an agent in each district to collect the rents
which were then turned in at stated periods to the Receiver General. For
several years, however, particularly in 1830 and 1831, the question of
assigning the revenues from the estates for the purpose of education was
repeatedly under discussion, but no pledge for such financial assistance
was given by the Home Government. At last, in 1831, the Home Government
surrendered the Jesuits' Estates to the Provincial Legislature, and
against much opposition the schools were placed under the control of the
House of Assembly. The salaries of teachers were greatly reduced; they
were granted on an annual vote on condition that instruction be given by
each teacher to at least twenty pauper scholars. As a result, it was
stated by those opposed to this new plan that "the schools were nothing
more than places of cheap education for the children of people in the
lower walks of life." But notwithstanding this criticism the schools of
the Province seem to have flourished to some extent at least under the
new system. But it should not be forgotten that the Jesuits' Estates
which had so long been the subject of discussion and controversy had in
the end a very prominent part in the early history of McGill College. It
was because of the funds derived from them when all other sources of
revenue were exhausted that the trustees of the Royal Institution, and
the executors of the will of James McGill, were permitted to prove in
the courts the legality of the McGill bequest and to prosecute
successfully their claims to his Burnside estate.
In accordance with Lord Bathurst's instructions to the Duke of Richmond
in 1819, the Royal Institution for the Advancement of Learning proceeded
to have the McGill property transferred from the executors of the will
to their own control. They gave a power of attorney to S. Sewell, who
subsequently continued for several years to act on their behalf. But
delay again characterised the efforts of the Royal Institution, and it
was not until January 18th, 1820, that final application for the
transfer of the McGill estate was made to the three surviving executors,
Hon. John Richardson, Hon. James Reid, and the Rev. Dr. Strachan. The
estate was then in possession of Francis Desrivières, the nephew of the
first husband of Mrs. James McGill. He was occupying Burnside House,
James McGill's former home, and he was in control of the lands, products
and rents of the estate. On receipt of the request from the Royal
Institution, the executors wrote to Mr. Desrivières on January 20th,
1820, informing him that a University or College was about to be erected
and established "for the purpose of education as designated in the will
and in conformity to the conditions therein presented," and asking "when
the tract of land and premises now in your possession can be delivered
over without subjecting you to unnecessary inconvenience."
This inquiry was the beginning of a long and wearying controversy which
resulted in protracted litigation and ended finally in an appeal to the
Privy Council. The reply to the above request indicates that the
Desrivières family was not inclined to give up the property without a
struggle. Francis Desrivières wrote, "I beg leave to mention that when
the demand for the property in question is made by the Corporation
referred to [The Royal Institution], I will determine how far a
compliance with that demand ought to take place on my part." The
executors forwarded this reply to the Attorney for the Royal Institution
with the comment "you will perceive that it is evasive." They further
stated their intention to proceed nevertheless with the conveyance,
"which, when completed, will be handed over to you; it will then rest
with your Corporation to pursue such measures as may be considered
proper on the occasion."
The necessary papers for the transfer of the estate, but not the
endowment fund,--from the executors of the will to the Royal Institution
were finally completed in May, 1820; on June 7th following, the
conveyance was effected and the Deed was recorded on August 3rd. It was
evident, however, to the executors that difficulties were in the way of
securing possession of the property. In a letter to the Rev. Dr.
Strachan, written on the 24th of May, 1820, the two remaining living
executors, John Richardson and James Reid, said: "We are sorry to say
that a general belief prevails, and we fear is too well founded, that
Mr. Desrivières, the residuary legatee, means to contest this bequest of
his venerable benefactor. If that shall be really his intention, it will
speedily be known by a refusal after a formal demand is made by the
Corporation for the delivery of possession of the aforesaid grounds and
premises,--whereupon a suit will be instituted against him in the
October term." To this letter Dr. Strachan replied, "I should hope that
Mr. Desrivières will have a greater respect for the memory of his
greatest benefactor than to contest a Legacy which goes to establish an
institution which he had so much at heart."
That the "general belief" and the fears above referred to were not
groundless was soon apparent. Formal application for the vacating and
the giving up of the estate was made by the trustees of the Royal
Institution. The application was curtly refused. Francis Desrivières was
in possession of the estate and he determined to remain in such
possession until the Courts should decide otherwise. His solicitors
based their claim, on his behalf, on the plea that a college had not yet
been erected, that no steps had been taken towards its erection, that
there was no intention to proceed with its establishment, and that it
was now too late to comply with the conditions of the will with
reference to time. With respect to the endowment fund, they claimed that
they were not obliged to pay it until a college had been actually
erected as provided in the will. As a result of these claims, a suit was
at once instituted in the Courts by the Royal Institution for the
purpose of obtaining possession of the estate, and on October 3rd, 1820,
the Board passed a resolution authorising their attorney, Mr. Sewell, to
secure the aid of Mr. Stuart as counsel in the case. Mr. Sewell
subsequently had the assistance of Mr. Ogden, Mr. Vallières de St. Real,
Mr. Griffin, and Mr. Cochrane.
The Board soon realised that if their suit was to be carried to a
successful conclusion they must have funds to meet necessary expenses.
They applied to the Governor-General for financial assistance, and as a
result a sum of £200 was advanced to them as a loan, from the proceeds
of the Jesuits' Estates. They realised, too, that it was necessary at
once to give the College some semblance of organisation. Their
solicitors advised the securing of a Charter without delay, and on
February 7th, 1821, the Secretary of the Board wrote to Mr. Sewell,
stating that "application for a Charter will be made to His Majesty's
Government without loss of time, but it is the unanimous opinion of the
Board that the case should proceed." The Charter [here included as
appendix B] received the sanction of the Crown on March 31st, 1821, and
formed the basis of the court plea of the Royal Institution. Two years
later the Board decided to secure a teaching staff, and by 1824 they had
appointed a Principal, who was to be also Honorary Professor of
Divinity, and four Professors. The latter held merely _pro forma_
appointments, and were intended to fulfil a technical legal requirement;
none of them ever lectured in the University, and when the College was
actually opened five years later those who still remained willingly
resigned to leave the Governors free to fill all Professorships as they
desired. But the fact of their appointment doubtless helped the Board in
the suit then pending.
It is needless here to outline in detail the litigation that followed.
In answer to the Desrivières claim, the Board contended that, as
required by the testator, McGill College had now been, to all intents
and purposes, erected and established by Letters Patent under the Great
Seal, and by the appointment of Professors. All the conditions of the
will had therefore, they said, been fulfilled. Accordingly on November
8th, 1821, they made a formal demand upon the executors, the Hon. John
Richardson and the Hon. Justice Reid, for the transfer of the legacy of
£10,000 with interest due since the death of the testator. Francis
Desrivières was in possession of this money, and on December 4th, 1821,
the executors called on him for its payment. He replied that it would
not be paid until the college had been built and established, as the
case connected with property only had not yet been decided, and he did
not regard the mere obtaining of a Charter as fulfilling the conditions
of the will. As a result the executors and the Board issued instructions
on December 26th, 1821, for the instituting of a second suit to obtain
possession of the endowment fund, and the two suits proceeded.
The settlement of the first case was long delayed, and was attended with
numerous discouragements. It involved, too, great expense, which the
Board was not always able to meet. The judgment of the Court of King's
Bench in Montreal was in favour of the Royal Institution. Mr.
Desrivières then appealed from this judgment to the Privy Council, and
again an irritating delay ensued before the appeal was heard. In July,
1823, the Board asked the Governor-General for a further loan of £300
from the revenues of the Jesuits' Estates as they were again in
financial straits. The advance was made, but it was soon expended, and
when forwarding a payment on account to Mr. Sewell on April 15th, 1824,
the Secretary of the Board wrote, "this payment exhausts within a few
pounds all the money of the Royal Institution. We are therefore in no
very enviable situation as to funds." Four more years passed before the
first suit was finally settled; they were years during which in the face
of obstacles that threatened the very existence of the College, the
Board frequently despaired of success. On August 17th, 1824, the
Secretary wrote to the Lieutenant-Governor of the Province, Sir F. N.
Burton, pleading for his assistance and co-operation in bringing the
case to a speedy conclusion, and asking for further financial
assistance. The following extract from his letter indicates that the
outlook was not entirely hopeful:
"The judgment of the Court of King's Bench at Montreal in favour of the
Institution in suit against Mr. Desrivières has been confirmed by the
Court of Appeals; but a further appeal has been made to the Privy
Council; the sum of £300, advanced by way of Loan, by order of His
Excellency, the Governor in Chief, in consequence of the address above
referred to (in addition to £200 before received), from the proceeds of
the Estates heretofore belonging to the late Order of Jesuits' has been
subsequently expended. Your Excellency is likewise aware that not only
is a question arising out of these complicated legal proceedings now
pending in the Court of Appeals, but also that the action for the
£10,000 which promises to be at least as expensive to the Institution as
that for the Estate of Burnside, is as yet undecided in the Court of
King's Bench at Montreal. Of the final result of these proceedings no
doubt can reasonably be entertained; but the Institution have before
them in the meantime the prospect of protracted Litigation without any
means whatever of meeting the heavy expense attendant upon it,--or even
of defraying their ordinary contingent expenses, however trifling their
amount. In these circumstances of unexampled difficulty, the Institution
once more humbly pray that your Excellency in transmitting their
Memorial to His Majesty's Government, will be pleased to accompany it
with such representations as to your Excellency may seem best calculated
to relieve them from the extreme embarrassment of their situation; from
which, if it is not speedily extricated, not only must all hope be
relinquished of the actual establishment of McGill College, already
erected by the Royal Charter, but their operations must be suspended
altogether and their very existence as a Corporation virtually cease."
The reply to this letter was unfavourable, or at least indifferent, and
on November 14, 1824, an appeal was made for a grant or a loan of £50
from the revenues of the Jesuits' Estates. Finally, towards the close of
1828, the judgment previously given in favour of the Royal Institution
was confirmed by decree of the Privy Council in Appeal, and early in
1829 the Burnside Estate was given into the Board's possession. The suit
in connection with the endowment fund was still pending. Because of the
judgment given in the first suit, there was no doubt, however, about its
ultimate result, but it was not finally settled by the Privy Council in
favour of the Royal Institution until 1837.
When the Board took possession of the Burnside Estate they decided to
lease to a farmer named O'Connor, the farm and garden for one year, "on
the halves," on condition that the lease could be cancelled by the Board
on three months' notice. The leasing of the property was frequently the
cause of controversy and annoyance. O'Connor contracted a bill for
garden seeds amounting to over £3. He was unable to pay it and the seed
merchant held the Estate liable, as the products of the seeds had
improved the property. There was a long and technical discussion, until
at last the bill was paid from the proceeds of the sale of wood from
apple trees O'Connor had cut down, apparently to end the trouble. On the
whole, the leasing was for a time profitable to the Board, but it was
not always attended with harmony. Later, the land was leased to another
farmer named Kelly for seven years, on condition that the lease could
be surrendered on four months' notice, "and that Kelly should cut down
the poplar trees." Subsequently, the estate was leased in smaller
sections.
In order to strengthen the claims then before the courts for the
possession of the endowment fund, it was desirable actually to open the
College in Burnside House as speedily as possible. It was decided that
the opening should take place on Wednesday, the 24th of June, 1829, and
notification of this intention was published in the press. In April a
committee of the Board was appointed to draw up a Code of Statutes for
the government of the College. The Rev. Archdeacon Mountain, son of the
Principal of the Royal Institution for the Advancement of Learning, had
been appointed Principal of the proposed University five years before.
But no arrangements had been made for the future. There was apparently
but little promise of a grant from the Government, and until the second
suit should be settled in the courts and money thereby made available,
it was obvious that all plans must be indefinite. The future would, it
was hoped, take care of itself; the main object to be considered for the
present at least was the opening of the College. With that accomplished,
and the endowment fund paid, all difficulties, it was thought, would
vanish, and the College would go forward to its intended place. But
before it lay troubled years of uncertainty and anxiety. It was only the
firm determination and the undefeated optimism of those who believed in
its destiny that kept it from being merely the hope or the dream of a
Scottish pioneer rather than a place of everlasting influence in our
national life. The struggle of those years was not always without great
disappointment, and even bitterness. But the product that emerged from
the turmoil was perhaps greater and stronger for that fact.