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. Desrivieres 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 L300 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. Desrivieres has been confirmed by the Court of Appeals; but a further appeal has been made to the Privy Council; the sum of L300, 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 L200 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 L10,000 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 L50 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 L3. 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.



CHAPTER IV

THE COLLEGE OPENED

The Principal who guided McGill College in its infancy and for six years after its opening, was the Rev. George Jehosophat Mountain. He was appointed to the Principalship in 1824, while the University was a name only. The family from which he was descended had won distinction in education and in the church, and it was fortunate that the young College should be cradled under the care of a guardian of his learning, his traditions and his breadth of vision. His father, the Rev. Jacob Mountain, was given livings by the younger Pitt in Lincolnshire and Huntingdonshire in England, and later a prebend's stall in Lincoln Cathedral. When a diocese was created in Canada his name was at once suggested, because of his success at home, and in 1793 he came to Canada to become the first Anglican Bishop of Quebec. He subsequently acted as Principal of the Royal Institution for the Advancement of Learning and as such he had an active part in the educational affairs of the Province. His son, George, was born in England in 1789 and when he arrived in Canada with his parents he was but four years old. He therefore justly regarded himself as a Canadian. He received his early education in Quebec and continued his studies in England, where he took his B.A. degree at Trinity College, Cambridge. He then returned to Canada and assisted his father as Secretary until he was ordained in 1816, at a time when the establishment of McGill College and the methods of fulfilling James McGill's desire were under discussion. In 1817 he became Rector of Quebec, and in 1821 Archdeacon of Lower Canada. When in 1824 the Board of the Royal Institution found that it was necessary, in order to secure the McGill bequest, to appoint Professors to the proposed College they selected Archdeacon Mountain as Honorary Professor of Divinity and Principal of McGill College. But he gave no lectures and received little or no remuneration for his work. His duty seems to have been mainly to preserve the forms which the terms of the will required. He laid the foundation for the creation of the Faculty of Arts, and while he believed that instruction should be given in a manner consistent with the English National Establishment, he desired that the University should be open to students of all creeds with equal privileges and that Professorships should be tenable by graduates of the Scotch Universities. He retained the Principalship until 1835, when he retired, to return for a time to England. It is unnecessary here to follow in detail his subsequent career. In 1836 he was made coadjutor of Dr. James Stewart, Bishop of Quebec and became thereby Bishop of Montreal, the consecration ceremony being performed at Lambeth. After his retirement from the Principalship he continued, as we shall see, to devote much time and attention to the affairs of the growing University as a Governor, and he lived to see the College of which he was the first guardian advance to growth and usefulness even far beyond his dreams. During his last years he occupied the Anglican See of Quebec, where he died in 1863.



The ceremony which marked the official opening of McGill University was held on Wednesday afternoon, June 24th, 1829. It had been advertised in the press for some time, and in addition special invitations were sent out to many citizens interested in educational advancement. It was therefore attended by what the contemporary press called a gathering of "numerous and respectable individuals." Because of the historical importance of this meeting, the report of it, which appeared in the Montreal Gazette in the issue of Monday, June 29, and which is similar in its details to the Governors' minutes of the meeting, is here given in full:

"In consequence of a notification having been published—that this College would be opened, and that formal possession of the estate of Burnside, upon which it was established, would take place on Wednesday, a very numerous assemblage of the inhabitants of this City were present at what we consider to be one of the most important and interesting ceremonies lately witnessed in this part of the Province. Though there was none of the gaudy appearance and display characteristic of religious or Masonic Processions, yet to the mind of the philosopher and friend of education, the simple and appropriate ceremony, an account of which we are about to lay before our readers, presented more charms than if decked out with all the pageantry of chivalry and romance.

"A large room in the house which has been for some time existing on the estate having been fitted up, it was soon after one o'clock filled by the numerous and respectable individuals who had assembled to witness the ceremony. Among the company we noticed several officers of the government, the principal members of the Bar, the lecturers at the Montreal Medical Institution and several gentlemen, more or less connected with the proposed College.

"The Right Reverend the Lord Bishop of the Diocese, attended by the Rev. G. J. Mountain, D.D.; the Rev. J. L. Mills, D.D.; the Rev. B. B. Stevens, A.M.; the Rev. A. Norman; and the Rev. A. F. Atkinson of Montreal; the Rev. James Reid of St. Armand; the Rev. W. Abbott of St. Andrews; the Rev. J. Abbott of Yamaska; the Rev. I. Braithwaite, A.B., of Chambly, and the Rev. H. Esson, and E. Black of the Kirk of Scotland in Montreal having entered the Hall, the business of the day was soon after proceeded upon.

"The Royal Charter incorporating the Governors and Professors of the University being placed on the table, His Lordship the Bishop of Quebec rose and addressed the assembled body. He stated that in consequence of the absence of His Excellency the Administrator of the Government, who was one of the Governors of the corporation of McGill College, it became incumbent on him to make a few remarks on the present occasion. He would, however, first state that he was commissioned by His Excellency to express his regret that in consequence of the very late arrival of the April and May mails he was unable to leave Quebec in time to assist at the ceremony of promulgating the charter which had been conferred on the College. His Excellency in his letter was pleased to add that he would not fail to use all his exertions to promote the Institution. Having fulfilled this duty, the Lord Bishop begged to observe that the bequest which had been made in favour of this College by the late Hon. James McGill consisted of the valuable estate of Burnside, comprising the building in which they were then assembled, and the garden and grounds adjoining, together with the sum of L10,000, in furtherance of his benevolent intention. This liberal bequest was made in 1811 (two years previous to the death of Mr. McGill), in trust to a corporation called the Royal Institution which was contemplated by an act passed in 1801. This Institution was to transfer the bequest, when a College, in pursuance of his views, was established and bearing his name. To this most benevolent legacy, he could not help referring as characteristic of its liberal donor, with whom he had the honour of an acquaintance, and as furnishing an example which he hoped to see more frequently followed in the Province. The late Mr. McGill, who had assumed a very considerable fortune within the country, did not, like many others, leave the Province and spend his money in some other part of the globe, but having no direct heirs, he had left a very handsome legacy for the laudable purpose of commencing a University in a country where such an establishment was very desirable. The Institution was to bear the name of its excellent founder, and he firmly hoped that it might prove a blessing to many generations yet to come, that it might tend to immortalise his name, and be the best monument that could be erected to his memory. The Royal Institution was incorporated in 1818 and through their instrumentality, this College was in pursuance of the will of Mr. McGill incorporated in 1821 by a charter which would be read to them. Under that charter the Governors of the College were the Governor and Lieutenant-Governor of Lower Canada, the Lieutenant-Governor of Upper Canada, the Chief Justices of Montreal and Upper Canada, the Bishop of Quebec and the Principal of the College. It would be needless for him to refer to the detentions and obstacles which had hitherto prevented the College from going into operation; it was known that they arose from the residuary legatee under the will of Mr. McGill disputing the legality of the bequest, and carrying his opposition through all the Courts of the Province, till His Majesty in his Privy Council had finally given the decision in favour of the Institution, whose duty it had become to prosecute for the recovery of the bequest. The suit in relation to the money bequeathed to the College was still before the Council, but he was happy to say that that unfortunate dispute would soon be terminated as it was understood the residuary legatee intended to withdraw all further opposition. It was the intention of the Royal Institution to transfer to the Governors of the College the property of Burnside, and on the part of the Governors, he was authorised to say that they were willing to accept of it. A majority of them were either now present or consenting, for he was charged with the consent of the Governor of this, and the Lieutenant-Governor of the adjoining Province, both of whom had expressed a desire to attend on the present occasion, and it was known that there was now no Chief Justice in Upper Canada. On the part of the majority, he accepted from the Royal Institution the Charter which the Secretary of that body would now read.

"The Rev. Dr. Mills, Secretary to the Royal Institution for the Advancement of Learning, then read at length the Charter of the College.

"The Lord Bishop then again rose and said that he was authorised on the part of the Governors of the new College to state it to be their intention as far as it was in their power to carry into effect the liberal intentions of the late Mr. McGill. It was not a work in which they themselves were solely interested, but it was an institution which concerned every inhabitant of the Province, and under such feelings the Governors were determined that no obstacles should deter them from following up and prosecuting the views of the testator. He deemed it unnecessary for him to exhort them upon the advantages of education, as he was sure they were all of opinion that a moral and religious education on Christian principles, and a scientific course of studies on a true philosophical system were what it was their bounden duty to promote. The Governors in assuming the Charter hoped that their exertions would meet with the co-operation of every individual within the Province.

"The Venerable Archdeacon Mountain then rose, and stated that as the individual named to fill the honourable office of Principal of the new College, it became his duty now to say a few words. He could not but express his sense of his own unworthiness for such a distinguished office, and he firmly hoped that he would be succeeded by a long line of eminent and learned principals. He had it in charge for his colleagues to state their anxiety to put the College into immediate operation, and he might urge as a proof of their wish that they had not been idle in this respect. With the assistance of the Honourable Mr. Cochrane then present, they had been engaged in preparing and modelling a constitution and rules for the government of the Institution. Although it was not necessary to detail at present their precise nature, yet he could take upon himself to state that they were liberal in every sense of the word, imposing no test upon Professors or Students. In thus applying the term liberal he wished it distinctly to be understood that he was not conveying the charge of illiberality against those noble and venerable Institutions of the Mother Country, in which a test was properly exacted of conformity to the National Religion, but there were local circumstances which required local adaptation; and according both to the terms of the will and the provisions of the Royal Charter, all offices whatever in McGill College were left freely open either to Protestants or Roman Catholics, and Students of all denominations would be permitted to attend. He deemed it necessary for him to explain how the present Professors happened all to be members of the Church of England. When found necessary to name Professors in virtue of the Charter of the College, his late father, then Bishop of the Diocese, had submitted several names to His Excellency the Earl of Dalhousie for these offices, among which those of the Rev. Archdeacon Strachan and the Rev. Dr. Harkness, having been proposed as eligible, either one or the other, to the same Professorship, His Excellency, whether swayed by a feeling of delicacy and desire to avoid the appearance of partiality, on account of his being himself a member of the Church of Scotland, or from whatever cause, decided in favour of the former gentleman. This circumstance was mentioned in proof that the original as well as the present intention of the Governors was in all respects to shew due respect to the intentions of the will of Mr. McGill and the terms of the Charter. It had been deemed necessary for the present to declare that the Professors should be graduates of some British University, but that a preference should hereafter be shown to those who had graduated within its walls. The Governors would feel it to be their duty under all discouraging obstacles to push on the great undertaking, and never to cease in their exertions for its prosperity. They hoped they would meet with general support and they trusted with confidence that they would be assisted by all, when the very liberal terms of the will and Charter were considered. It would be necessary for them to make a strong and powerful appeal to the Mother Country, and they also expected great pecuniary assistance from those resident near the establishment, and more directly interested in its prosperity. They would as soon as possible establish a system of collegiate education, and there was a predisposition to engraft upon the College the well-known and respectable Medical Institution now in existence in the city. The door of the building was at length open, and it was the duty of all to proceed with vigour. They might at first complain of a great want of means for such an Institution, for it required much to place it on a respectable footing, but while they thus looked forward with confidence, they should not be unmindful that the Province was highly indebted to the very liberal disposition of Mr. McGill, who had set such a praiseworthy example to his fellow-citizens, whose duty it now became generally to aid his work and follow up his munificent views. The Archdeacon concluded his address by expressing his conviction that all who were present felt alike the dependence of every human undertaking for its success upon the blessing of Divine Providence, and would therefore be unanimously ready to join in the religious services with which it was proposed to conclude the business of the day; and in which he accordingly proceeded.

"The 8th chapter of Proverbs, which had been selected as appropriate to the occasion, was first read; after which the following verses selected from different Psalms were repeated in the way of alternation, the responsive part being sustained by the other Clergy of the Church of England who were present.

"'The Lord hath been mindful of us and shall bless us: even he shall bless the house of Israel; he shall bless the house of Aaron.

"'He shall bless them that fear the Lord both small and great.

"'The Lord shall increase you more and more, both you and your children.

"'All the whole Heavens are the Lord's: the earth hath he given to the children of men.

"'The lot is fallen unto me in a fair ground: yea, I have a goodly heritage.

"'Lord, thou art become gracious unto thy land: thou sendest a gracious rain upon thine inheritance, and refreshedst it when it was weary.

"'O pray for the peace of Jerusalem,—they shall prosper that love thee.

"'Peace be within thy walls, and plenteousness within thy palaces.

"'For my brethren and companions' sakes, I will wish thee prosperity.

"'Yea, because of the house of the Lord our God, I will seek to do thee good.

"'Except the Lord build the house; their labour is but lost that build it.

"'Not unto us, O Lord, not unto us, but unto thy name give the praise; for thy loving mercy and for thy truth's sake.

"'Glory be to the Father, and to the Son, and to the Holy Ghost.

"'As it was in the beginning, is now and ever shall be, world without end. Amen.'

"The Archdeacon then proceeded with the following prayers:

"'O blessed and eternal God, who by wisdom hast founded the earth and by understanding hast stretched out the Heavens—Father of Light and Author of every good and perfect gift, from whom we receive all that we have, and all that we are made capable of performing—upon whose pleasure both we, and our works, and all creation depend—look down from the habitation of thy holiness and glory, and favour the undertaking which is here before us; let thy blessing rest upon it; let the cloud and pillar of thy presence go with us; establish the work of our hands upon us, yea, the work of our hands establish thou it. Our hope is in Thee and thou art able to do for us, in things temporal as well as spiritual, exceedingly abundantly above all that we can ask or think. Raise us means, we beseech thee, to provide for the wants of this Institution: dispose the hearts of men and order the course of events favourably towards it: shed down the spirit of wisdom and of patient continuance upon those who plant and those who water, and do thou give the increase from on high. Sanctify all the instruction which shall hereafter be given and all the studies which shall be pursued in this Institution, and render them subservient to thy glory and the good of mankind. Grant that all the stores of knowledge and science, which shall be here opened to the minds of youth, may form them to the greater love of thy holy name, and lead them to magnify thee in thy wonderful works. O righteous Father, who hast hid the highest of all knowledge from the wise and prudent of this world, and revealed it unto babes, grant that none may be here spoiled, through philosophy and vain deceit, nor lifted up in hearts through the opposition of science falsely so called, but give them grace to cast down imaginations and every high thing which exalteth itself against the knowledge of God, and to bring into captivity every thought to the obedience of Christ. Yet, O Lord, while they are subjected to this gentle and blessed yoke, enrich this Institution, we pray thee, with ample streams of all sound learning and science; and as we are taught in thy holy word that the Lawgiver of thy ancient people was learned in all the wisdom of the Egyptians, and the blessed apostle St. Paul, profited above his equals, as well in the studies of his time and people, as in the learned lore of the ancients at large—and as thou didst miraculously supply to the first planters of our holy faith that knowledge which, under thy blessing, must now be acquired by labour and length of time—grant that all beneficence and industry may be exerted in the endowment and enlargement, the furtherance and prosperity of this Institution; grant that the grain of seed which is here sown may become, in process of time, a great and goodly tree; that Science and Literature may spring up and flourish upon this dedicated spot, and bear fruit a hundredfold.

"'With these our prayers, O Father of Heaven and Earth, we offer up our humble thanksgiving for all thy mercies manifested to us, and especially for that thou didst put it into the heart of thy servant, the Founder of this Institution, to provide, out of the means which thou hadst given him, for so needful a work. And, alike in thanksgiving or prayer, we approach thy Throne in the prevailing name and through the powerful mediation of Jesus Christ, whose own holy words also we couple still with our imperfect address.' The Archdeacon here repeated the Lord's Prayer.

"Then followed the Prayer for the Church Militant, from the Liturgy, with some adaptations to render it immediately applicable to the local authorities and to the occasion of the day. The assembly was dismissed by a blessing pronounced by the Bishop.

"Before closing this subject, we deem it but justice to the Venerable Archdeacon Strachan, to state, that to that Reverend gentleman the Province is greatly indebted for McGill College, as to his suggestions on this subject, his friend and relative the late Mr. McGill lent a ready and willing ear, and was induced to frame the bequest, which is now about to be employed according to the intentions of its donor. To that gentleman, we understand, is also due the very liberal arrangement which was announced by the Principal, with regard to the total absence of any tests for the admission of Professors or Students...."

When the ceremony of formally opening the College and establishing the Faculty of Arts, "as a place of liberal education," was ended and the gathering dispersed, the Governors of the College met in the late afternoon for the transaction of business. They received the Lecturers of the Montreal Medical Institution, who formally placed before them the plans for "engrafting upon the College the well-known and respectable Medical Institution" as already indicated in the report above. The scheme was acceptable to the Governors and the Montreal Medical Institution became part of McGill University. The Governors' Minutes of the meeting contains the following entry:

"The public business having been closed, the Governors of the Corporation held an interview with the members of the Montreal Medical Institution, who had been requested to attend the meeting for that purpose. During this interview it was resolved by the Governors of the Corporation that the members of the Montreal Medical Institution (Dr. Caldwell, Dr. Stephenson, Dr. Robertson, Dr. Holmes) be engrafted upon the College as its Medical Faculty, it being understood and agreed upon by and between the said contracting parties that until the powers of the Charter would be altered, one of their number only should be a university professor and the others lecturers; that they should immediately enter upon the duties of their offices. All of which arrangements were agreed to."



The Montreal Medical Institution owed its origin to the Medical Staff of the Montreal General Hospital, which was opened to patients in May, 1822. At that time there were no opportunities in Canada for the obtaining of medical education. Realising the existing and urgent need for such training, certain members of the Hospital Staff gave courses of lectures to students during the winter of 1822-1823. Later, a memorial was forwarded to the Lieutenant-Governor setting forth the necessity for the foundation of a permanent school of medical education, and outlining plans for the establishment and incorporation of the proposed Medical Institution. The reply to this memorial stated that an endeavour would be made to give assistance to a Medical School, and as a result the Montreal Medical Institution was organised. It was opened in October, 1824. Efforts were then made to secure its incorporation, and in 1826 a Charter was drawn up and forwarded through the Lieutenant-Governor to the Solicitor-General for opinion or approval. A delay of several months followed, and it was not until 1828 that a reply was received. The reply was not favourable to the Institution. The Charter was refused for the reasons that the School was not connected with any Seminary of Learning, and that it had no foundation or endowment. No degrees could therefore be conferred and the Institution had no standing in law. Meanwhile the Privy Council had given judgment in favour of the Royal Institution in the first Desrivieres suit in connection with the Burnside Estate, as already recorded, and it was clear that a similar judgment in the second suit in connection with the endowment fund was but a question of time. The establishment of McGill College was assured, and arrangements for its opening had already been announced. It naturally occurred to those interested in the Medical Institution that their problems of University connection and of endowment referred to by the Solicitor-General could be solved by "engrafting" the Institution on the proposed McGill College. They accordingly forwarded a memorial to the Government, suggesting that the Lecturers in the Institution be appointed "professors of the University to be established at Burnside near the city." The Government referred the suggestion to the Board of the Royal Institution to whom formal application was then made by the Medical body. A committee of the Board was appointed to consider the question. The Medical Institution pressed for a decision, and on February 16, 1829, the Secretary wrote to Dr. Holmes, of the Hospital Staff, stating, "The Committee to whom was referred the communication from the Montreal Medical Institution have not, I am sorry to say, yet made their report; but I trust the business will be proceeded in very shortly, and I shall not fail to inform you of the result without delay. Of this be assured that there is every desire on the part of the Board to meet the wishes of the Institution as far as it may be found practicable to do so."

The Board had in 1824 appointed Dr. Fargues of Quebec Professor of Medicine, but he expressed his willingness to resign in order to leave the Board free to negotiate with the Medical Institution. On April 10th, 1829, the decision of the Board was conveyed to Dr. Holmes, in the following letter:

"Referring to a former communication upon the subject, I lose no time in transmitting to you the following Extract from the Report of a Committee of the Royal Institution, to whom it was referred to consider what measures it may be necessary for the Board to take, on having now obtained possession of the Estate of Burnside.

"The Medical Institution at Montreal, connected at present with the Montreal Hospital, having solicited the aid and protection of the Royal Institution, and expressed a desire to become a branch of McGill College, it is conceived that the gentlemen of that Institution might be willing (in consideration of being so associated with a legally constituted establishment) to execute gratuitously the duties of one or more Professorships in the College, connected with the Faculty of Medicine. The Professorships being limited to four, it is obvious that there can be only one Medical Professor, and I am happy to inform you that Dr. Fargues, having been solicited to resign, has consented to do so with the utmost readiness, and it is accordingly open to the gentlemen of the Montreal Medical Institution to recommend for the consideration of the Governors of the College any one of their members, being a graduate in Medicine, as his successor."

As a result of this decision the Governors of the College agreed to appoint one of the Lecturers in the Montreal Medical Institution to the Professorship of Medicine vacated by the resignation of Dr. Fargues. Meanwhile there was a misunderstanding between the Governors and the Board over the number of Professors already appointed in 1824. The Charter provided for a Principal and four Professors; the Governors made these appointments, but also made the Principal Honorary Professor of Divinity. The Board contended that five Professorships had thus been created and filled, contrary to the provisions of the Charter. On April 22nd, 1829, Dr. Stephenson wrote to the Board on behalf of the Medical Institution urging that the number of Professorships in the College be increased to enable all the Medical Lecturers to be attached to McGill College. The Secretary replied on May 19th, 1829, as follows:

"Your letter of the 22nd ult., was duly submitted by me to the Board of the Royal Institution, and I am directed to inform you in reply, that the Board having carefully considered the subject, are of opinion that, as the matter actually stands at present, it is not in their power to procure an augmentation of the number of professorships. They conceive, however, that the Medical Professor of the University might deliver Lectures in one particular branch of the Science, and that the other Departments might be conducted by gentlemen, who should be named Lecturers in the College, as is the case with respect to the different branches of Learning and Science, which are taught in the Colleges of the Universities at home. The words of the Charter are evidently restrictive. The College shall 'consist of a Principal and four Professors,' and in this view of the subject the Board are supported by high legal authority. This limitation, for which it is difficult to assign an adequate reason, is much to be regretted. The Governors of the College have committed an oversight in some way or other. It had not escaped the previous notice of the Board. The Bishop, the Archdeacon and myself intend visiting Montreal next month, when we shall have an opportunity of discussing the subject at full length. I have only now to add that we all of us, both as a body and as individuals, feel interested in the success of the Montreal Medical Institution, and that we shall be most happy if it can be in any way promoted by a connection with McGill College."

After the College was formally opened it was necessary for the Governors and the Board of the Royal Institution to wait for the final decision of the courts on the possession of the endowment fund, which was still held by the Desrivieres heirs. No money was available for salaries; no building on the estate was suitable for classes. It was therefore considered impossible, for the present at least, to undertake actual teaching in the College. But meanwhile the Montreal Medical Institution had received from the Royal Institution the "aid and protection" it required, and it continued to carry on its work and to give instruction to students as before, but with a definite connection with the University as one of its Faculties. Pending the securing of the endowment fund which would make possible the putting in operation of the College proper, as provided for in the will, the Governors of the College therefore decided to appoint, temporarily, and without remuneration, the lecturers in the newly formed Medical Faculty to the four professorships at their disposal, in order that degrees in at least one department of the University could be conferred. To make this possible the Professors who had already been appointed in the Faculty of Arts, and whose duties could not yet begin, willingly consented to resign. But before degrees could be granted it was necessary, under the terms of the Charter, to draw up statutes for the government of the University, such statutes to receive the approval of the Crown. The Statutes, Rules and Ordinances for the Medical Faculty were agreed upon by the Governors; and were submitted to the Colonial Office by Lord Aylmer on March 8th, 1832. The Royal approval was forwarded to the Lieutenant-Governor of the Province in a despatch dated May 2nd, 1832, together with the confirmation of the appointment of William Caldwell, John Stephenson, Andrew F. Holmes and William Robertson of the Medical School to the four University professorships, "without specifying at present the precise nature of each Professorship." They received no remuneration from the College. Later, Dr. Stephenson acted for a brief period as supervisor of the Burnside Estate.

The Home Government's knowledge of the exact circumstances and terms and even the making of the Montreal Medical Institution into a Faculty of McGill seems afterwards to have been somewhat hazy. On August 20th, 1834, the Colonial Office wrote to Lord Aylmer, the Lieutenant-Governor, saying, "It would appear from Sir James Kempt's Despatches of 1830, that it was contemplated to incorporate with the College an association of Medical Practitioners but that difficulties arose as to the selection of the Governors ... but I do not gather from your despatch whether the incorporation of this association is still desired." He asked for a report on the question—a question that had been decided five years before. It was pointed out in reply that the Montreal Medical Institution no longer existed independent of the College and that the several Lecturers in that school now occupied all the four Professorships provided for by the Charter. There was misunderstanding, too, as we shall see, between the Governors of the College and the Royal Institution with reference to the temporary or the permanent nature of the above appointments, three of which the latter Board had never ratified, and of which they were apparently not informed. For several years the tradition of a distinct Institution, as it had already been known, continued. The Medical Faculty carried on its work more or less independently of the College, although it was incorporated with it and was legally a part of it, but because of tradition it was not always regarded as an integral part of the University. It was looked upon as a well established teaching body now linked up with the new College. The Rules and Ordinances of the University did not apply to the Medical Faculty, and for several years after the actual erection and opening of the College buildings the students of the Medical School were not included in the statement of enrolment annually sent to the Home Government by the Visitor to the University.

On the 24th of May of 1833, four years after the opening of the College, the first University degree awarded was conferred in the Faculty of Medicine on William Logie. On May 7th, 1833, Dr. J. Stephenson, Secretary of the Medical School, wrote to Principal Mountain with reference to the conferring of this degree:

"I am directed by the Medical Faculty of the University to inform you that Mr. William Logie of Montreal, after having produced to the Secretary of the Faculty credentials entitling him, was examined, as the Statutes, Rules and Ordinances of the College direct, touching his Classical knowledge and then got a general examination on all the branches of Medical and Surgical Science. The Medical Faculty found him well qualified to practise Medicine and Surgery and accordingly have announced to him that they will forward his name to the Governors to obtain the Degree of Doctor of Medicine and Surgery.

"In consequence I am directed by the Faculty to address you on the following points:

"1st. That we will, with your approbation, have our Gowns made as that of a Bachelor of Laws except the Cowl.

"2nd. That we will have the Theses printed by Mr. Armour of Montreal.

"3rd. The Faculty desire to know how the degree will be conferred on the 24th of May and the tenor of said Degree that they might be getting it ready."

Under the rules of that time, it was necessary for a student proceeding to a degree to defend before the members of Faculty a Thesis on some previously approved topic. The Thesis was printed at the expense of the student. The rules provided, too, that "the student be required to attend the Hospital during the time required by the Statutes, and to receive clinical instruction from the Professors at the bedside of the patients." The legal power of the University to confer degrees on the graduates of the Medical Faculty was questioned by rival authorities, and was later tested in the courts, but the legality of the degree and the privilege of the holder to practise Medicine in the Province was upheld.

The Governors now decided that an effort should be made to begin actual teaching in the liberal Arts and Sciences as called for in the will of the founder. They determined to appoint professors and to conduct classes, temporarily, in Burnside House. At a meeting of the Governors held on the 4th of January, 1834, at which were present Lord Aylmer, Governor in Chief, The Lord Bishop of Quebec, and the Principal of the College, it was decided to ask that the Charter be amended, and that the Governing Board of the College be changed to consist henceforth of the following: The Governor in Chief, the Lieutenant-Governor or person administering the Government; the Lieutenant-Governor of Upper Canada; the Lord Bishop of the Diocese; the Chief Justice of Montreal; the Chief Justice of Upper Canada; the Speaker of the two Houses of the Provincial Parliament of Lower Canada; the Senior Executive Councillor residing in Montreal; the Archdeacon of Quebec; the Solicitor-General; the Principal of the College; the Rector of Montreal; together with four other Governors to be named by the Governor in Chief, the Lieutenant-Governor or the person administering the Government under a power to be introduced into the Charter to that effect. Efforts were made afterwards to have the Minister of the Church of Scotland added to this list, ex-officio, but it was pointed out in reply that he was "not conceived to have any perpetual capacity in law and thence cannot be an ex-officio Governor." It was decided also that His Excellency be requested to recommend to His Majesty's Government that power should be given in the amended Charter to the Governors of the College to establish additional professorships from time to time, at their discretion, according to the exigencies of the University and the means at their command.

It was further resolved that in the meantime until endowments for Professorships were available from the McGill bequest, "gentlemen resident in Montreal qualified to give lectures should be appointed on the same footing as the four Professors in the Medical Faculty and that they should receive fees from their students ... with the duty annexed of delivering occasional lectures, fees being paid by those who will attend them according to a regulated scale, there being at present no means of endowing Professorships with salaries." Professors were recommended for the following subjects: Classical Literature and History; Natural Philosophy and Mathematics; and Hebrew and Oriental Languages—all to be appointed on the same footing as provided for by the foregoing resolution. At this meeting, too, a recommendation was made that a Vice-Principal should be appointed—or that one of the Professors be empowered to act as Vice-Principal—because of the frequent absence of the Principal on other duties. Later, the Chair of Natural Philosophy was separated from that of Mathematics. As a result of the Governors' decision an amended Charter was drawn up for submission to the authorities, providing, among other things, for an increased number of Professorships. It was prepared by the Professors of the Medical Faculty, but it was greatly altered by the Governors at a meeting called to consider it. The Colonial Office to whom it was forwarded would not approve of it, and even the consideration of it was very long delayed. The question was debated until January, 1837, when the Colonial Office declared that it was impossible further to discuss it.

In April, 1834, the occupation of the House and Premises of Burnside as a "Classical School" was approved. But it was to be conducted by the Professors in their private capacity and no provision was made for their maintenance, and the occupation of the premises was to be subject to the conditions imposed by the Governors and the Royal Institution acting conjointly.

The Principal, Archdeacon Mountain, now expressed his desire to retire from office. Other duties were calling for his attention. Indeed, at intervals for several weeks in succession he had been obliged to take little part in the management of the University, for his presence as Archdeacon of Lower Canada was required in many places. Frequently, too, it was necessary for him to be absent from the Province for a considerable length of time. He felt, also, that he had been appointed Principal mainly for the purpose of putting the College in operation and that his work was now done. The Governors then decided to offer the Principalship to the Rev. S. T. Wood of Three Rivers, and if he declined to accept it, to offer it to the Rev. Thomas Littlehales of Christ Church College, Oxford. But neither of these men would agree to occupy the proffered post; indeed, the former entirely ignored the Governors' letter. Archdeacon Mountain was induced to remain some months longer, or until a competent successor could be found. The Professorship of Classical Literature was offered to the Rev. James Ramsay, a graduate of Trinity College, Dublin; that of Mathematics and Natural Philosophy to Mr. Alex. Skakel of King's College, Aberdeen; and that of Hebrew and Oriental Languages to the Rev. E. Black, of the University of Edinburgh. Difficulties resulting from the Charter prevented these appointments from being actually made at that time. Because of irritating delays, the somewhat hopeless situation brought about by the refusal of the Home Government to permit the increase of Professorships, and numerous other differences of opinion, trouble was now growing between the Governors and the Crown. At a meeting of the former held on November 14, 1834, at which were present Lord Aylmer, Governor in Chief, the Chief Justice and the Principal, the Governor was asked to bring to the notice of the Secretary of State "the great inconvenience which it is feared may result from the necessity of referring to His Majesty's Home Government, as required by the Charter, every appointment of a Professor or even of a Principal." This was the beginning of a bitter and prolonged controversy which did not end until 1846, and which involved the College in perhaps the gravest difficulty and uncertainty of its history.

Meanwhile, the case against the Desrivieres heirs, James McGill Desrivieres, Henri Desrivieres, Francis Desrivieres, and Alex McKenzie, had proceeded. Every effort was made to have the suit settled. On December 21, 1833, the Governors authorised the Medical Professors to join them in a Memorial on the subject to the Home Government. The Board of the Royal Institution persistently urged haste, but delay followed delay. At last, on February 7th, 1835, the Order in Council deciding the case in favour of the Board was issued, but it was not forwarded until the 21st of May. But notwithstanding the decision of the Privy Council the heirs of James McGill were slow to accede to the demands of the Royal Institution. On March 8th, 1836, the Secretary of the Board wrote "as to Burnside we are extremely perplexed by the pertinacity of the heirs in resisting and threatening further resistance to the payment of any money on account of the debt due to the Royal Institution unless terms are granted them ... which ... members of the Board think that we could not accept without rendering ourselves personally liable if any further loss should accrue thereby to the College. I should be strongly disposed to try and borrow money to begin with, if I knew what tangible security we could offer." A further delay resulted, and even after the suit was settled the executors of the will hesitated to transfer the money to the Board or the Governors until the Home Government fulfilled certain promises which they understood to have been made. It was not until October, 1837, that the case was brought to final conclusion. As a result of delays, negligence, and unsatisfactory communications, the Governors appointed a special agent in London to conduct their business, with the frank comment, "If documents are sent through the Public Offices to Great Britain by way of the Colonial Office, there will be no end to the delay."

In July, 1835, two months after judgment was given in favour of the Board, Principal Mountain retired from office in order to proceed to England. Now that the possession of the endowment fund was assured he believed that the College would soon be without difficulties and that its infant days of helplessness had passed. The Principalship was offered to the Rev. S. J. Lockhart, M.A. (Oxford), Chaplain and Secretary to the Bishop of Quebec. He seems to have accepted the post, but he never assumed the duties of his office. A meeting of Governors was held in Quebec on November 18, 1835, attended by Lord Gosford, who had meanwhile become Governor in Chief of Lower Canada, the Lord Bishop of Quebec, and the Chief Justice of Montreal. It was there resolved "that the Rev. John Bethune, Rector of Christ Church, Montreal, be appointed Principal of the College pro tempore; and that it be conveyed to him that his appointment shall not interfere with any future appointment which the Governors of the College may see fit to make." The office of Principal was accepted by Mr. Bethune on November 24th, 1835, in the following letter:

"I cordially accept the appointment which the Governors of McGill College have done me the honour to confer on me, of Principal of the Institution pro tempore, under the explanation given to me by the Chief Justice of Montreal of the following passage in your Lordship's communication 'that the appointment shall not interfere with any future appointment that the Governors of the College may see fit to make,' viz., that if the funds of McGill College should at any future period enable the Governors to offer the Principal a sufficient emolument to secure his exclusive services to the Institution the present nomination shall not interfere with any such future appointment—but that the present nomination is not to be cancelled to make room for any future pro tempore appointment."

During the six years that had passed since the formal opening of the College definite progress had been made. But apart from the activity of the Medical School, which did not owe its origin to the University and had merely changed its name, the progress was connected only with laying plans for the future and with securing adequate resources and a definite habitation. The Governors were harassed by litigation and by not a little uncertainty; they were dismayed at times by the evident lack of sympathy and the discouraging indifference of officials of the Home Government. But they did not cease to hope, and they did not dream of abandoning their educational scheme. They would struggle on to the fulfilment of the founder's vision. It was the task of the newly appointed acting-Principal to carry out these plans and to take up the administration of the University in one of the most difficult and critical periods of its existence. The years that followed were to be troubled years of poverty, anxiety and controversy, not unmixed with bitterness, during which, at times, extinction and oblivion threatened the University's life.



CHAPTER V

ANXIOUS YEARS

The Rev. John Bethune, appointed acting-Principal of McGill in temporary succession to Principal Mountain on November 18th, 1835, was a Canadian by birth and education. His father, the Rev. John Bethune, a native of the Island of Skye, Scotland, and a graduate of King's College, Aberdeen, emigrated to America before the War of Independence. At the beginning of the Revolution he served as Chaplain of a militia regiment fighting in the Carolinas on the British side; he was taken prisoner by Republican troops, and after his release by exchange he moved with other British Empire Loyalists to Canada. He lived for a short time in Nova Scotia, became Chaplain again of a Highland Regiment fighting in defence of Canada against Montgomery's Army, and when the War ended he settled in Montreal. Here he organised, as we have seen, the first Presbyterian Congregation in the City, and ministered to it from March, 1786, until May, 1787. He then removed to Williamstown in the county of Glengarry, where he became minister of the Church of Scotland.



The future acting-Principal of McGill, the Rev. John Bethune, the younger, was born at Williamstown, Glengarry County, in January, 1791. He received his education at the school of the Rev. Dr. John Strachan at Cornwall, already referred to. After serving in the War of 1812, he entered the ministry of the Church of England, possibly through the influence of his former teacher, who left a deep impression on the minds and lives of all his pupils, and in 1814, he was ordained by Bishop Mountain at Quebec. He was stationed for a time at Brockville and vicinity, and in 1818 he was made Rector of Christ Church, Montreal, where he remained for more than fifty years, eventually becoming Dean of the diocese. He was acting-Principal of McGill from November, 1835, until May, 1846. He died in August, 1872.

Soon after his appointment, the acting-Principal entered into negotiations with the Board of the Royal Institution on the question of the erection of a suitable building on the Burnside Estate for the reception and instruction of students, as required by James McGill's will. The Medical lectures, the only lectures given in the name of the College, were given in a building far removed from the College property. The College authorities did not even pay the rent of the building nor did they pay the salaries of the Professors, and the School, except in name, and for its own protection and the privilege gained thereby for the conferring of degrees, was still, to all intents and purposes, a private institution. Technically, it was contended, it was not a part of the University at all. It was not situated on the Burnside Estate as the will of the founder required, and it could not therefore be considered as fulfilling any of the provisions of the bequest. Even the legality of the degrees conferred had been questioned, and had been accepted on the basis of equity and intention rather than on that "of justice and of fact." The Principal and Governors realised the force of these arguments, and the necessity of removing the cause. The situation could only be met, they believed, by the erection of a building or buildings on the Burnside Estate, as the terms of the bequest demanded, and the Governors urged immediate action. They pointed out that "without provision for resident students very little good can be expected to result from the opening of the College, and without residence within the College for one or more professors it cannot be expected that resident students will be obtained." The acting-President of the Royal Institution for the Advancement of Learning, A. W. Cochrane, wrote to Principal Bethune on January 11th, 1836, stating "with respect to the measures proper to be taken towards the speedy erection of a College on Burnside property, it was my intention to have submitted to a meeting of the Royal Institution which was fixed for Thursday next a proposal to advertise for plans and estimates of a suitable building.... My own opinion is that a new building calculated for 40 students (intimus) with a suitable public apartment and accommodation for two professors would be sufficient for the present demands of the country (perhaps even beyond what is necessary) and that at all events it would not be justifiable to exceed the expenditure of L4000 or L5000 out of the bequest for such a purpose at the outset. The present building, Burnside House, might be adapted to the residence of the Head of the College." He added that, as promised in 1801, the Crown should give an endowment for general education in the Province, in a way that would not rouse political or sectarian feelings. "I should not," he said, "wish to see the question connected with the proceedings of any political association. If taken up in this general way, I think that some public movement at Montreal in favour of it would not fail to have a good effect; but great caution and moderation are requisite." But the Board and the Governors could not agree on the kind of building required and over a year passed without any action on the part of either body.

Further difficulty arose in connection with the amended Charter of 1834, which had not received the approval of the authorities. Until it was given confirmation no additional professorships could be appointed. That it did not conform to the ideas of the Board of the Royal Institution is evident from a letter written to Principal Bethune by the President in June, 1836. Objection was taken to making the Governors a self-elective body, and the necessity of making it essential that the Governors or a majority of them should be of the Protestant faith was also insisted on. That the discord between the Governors and the Board which led in the end to unfortunate bitterness and disaster, was then developing is also apparent in this letter. The President of the Board wrote: "Whatever changes are proposed to be made in the existing Charter must, I should conceive as a matter of course, be submitted for the consideration of the Royal Institution, the Visitatorial body who are bound to see that the views of the founder of the College are not defeated." The Governors then decided to submit new amendments, and at a meeting held on November 14th, 1836, attended by the Lieutenant-Governor, the Chief Justice and the Principal, the Charter recommended in January, 1834, was changed to read as follows: "The Governors of the College shall consist of the Governor in Chief of Lower Canada; the Right Rev. Charles J. Stewart, Lord Bishop of Quebec and his successors, Bishops of Quebec; the Right Rev. George J. Mountain, Lord Bishop of Montreal and his successors, Bishops of Montreal; the Rector of Christ Church, Montreal, and his successors of the said Church; a minister of the Church of Scotland resident in Montreal, to be selected for the purpose by the Presbytery of Montreal to be perpetually succeeded by a minister of the Church of Scotland chosen in like manner; the Principal of the College; the Hon. James Reid; the Hon. George Moffat; the Hon. Peter McGill; William Robertson, M.D.; William P. Christie; Samuel Gerrard and John Samuel McCord." Authority was given to fill all vacancies by a majority vote of the Governors, seven to constitute a quorum. It was stipulated that all Governors of the College must henceforth be residents in the district of Montreal. The Chief Justice and the Principal agreed to the above changes in the Charter, but the Governor of the Province "declined under existing circumstances to give any opinion on the subject, and his vote was not recorded." It was also decided at this meeting that the rents from the Burnside Estate be expended on repairs and that the premises be placed in the occupation and charge of the Principal for the time being, he to keep them in a good state of repair. This latter decision was not approved by the Royal Institution and it gave rise to further controversy. Without the approval of the Board of the Royal Institution the Governors forwarded their amendments to the Governor-General for transmission to the Home Government, but at the request of the Board he stayed proceedings.

Meanwhile, the ultimate possession of the endowment fund was causing anxiety. The case was settled in favour of the College in 1835, but the Governors were unable to secure the money. The Desrivieres heirs who were in control of the legacy demanded terms as we have already seen, but their terms were refused. When the Executors at last secured possession of the funds they declined to convey them to the Royal Institution until certain promised conditions were fulfilled by that body acting for the Home Government. On November 10th, 1836, a memorial on the subject of the legacy was forwarded to the Colonial Office by Dr. Strachan, one of the surviving Executors of the will of James McGill. He pointed out that the original bequest had increased by the accumulation of interest to L22,000. This amount together with the Burnside Estate would, he said, be transferred to the Royal Institution when two conditions were fulfilled—first, the contributing by His Majesty's Government towards the erection and endowment of the proposed University, and second, the carrying out of the intention of the testator, to which Dr. Strachan stated himself to be a living witness, that the proposed College should be essentially Protestant. To this Memorial the Colonial Office replied that the will did not stipulate for a contribution from His Majesty's Government towards the proposed University, and added "nor can we perceive any disposition on the part of the testator to impress on the Institution to which he so liberally contributed a character of religious exclusiveness.... The testator did not in his will either directly or indirectly introduce such a condition, and adverting moreover to the even-handed liberality with which his bequests were distributed between the poor Catholic and Protestant inhabitants of Montreal, we apprehend it would be impossible to impose such a restriction founded on mere verbal testimony as to the intention of the testator.... His Majesty's Government cannot now advise His Majesty to reconsider it for the purpose of narrowing the Charter of 1821." In November, 1836, the Board conveyed to the Governors of the College the possession of the Burnside Estate, subject to the Board's subsequent approval of all decisions affecting it. But the controversy between the executors and the Colonial Office over the conveyance of the funds, which the heirs had not yet given up, continued for several months. It was not until October 20th, 1837, that the litigation finally ended. In December following, a transfer of all monies, investments, etc., was obtained by the Trustees of the Royal Institution, estimated at the value of L22,000, the amount of the legacy and accrued interest, and yielding an income of between L800 and L900. But in the meantime the College suffered and its progress was retarded.

There were other worries than those of buildings and charter and endowment fund. Since the College was opened in 1829 no repairs had been made on the Burnside property. The buildings and fences were rapidly falling into decay; the neighbours were complaining that the fences of Burnside had disappeared and that through the property cattle wandered at will to their lands and gardens, and the farmer who had leased the premises "on the halves" had neither the money nor the inclination to effect a remedy. There was also a demand for streets or roads through the estate. The Governors had no money at their disposal; they must beg every cent expended from the Royal Institution. The situation was incongruous. On December 17th, 1836, Principal Bethune wrote to the Secretary of the Board informing him that "there is a demand on the part of the neighbours for fences, which on a close inspection are found to be unserviceable with the exception of 170 cedar rails or rather logs which will serve by being split into two for rails." The neighbours, he said, preferred "a fence 10 feet high, but they will be satisfied with one 6 feet high." He also advised that the Royal Institution should join in the proposal of one of the neighbours, Phillips (who is remembered in the present "Phillips Square"), "a man difficult to deal with if thwarted by delay," for opening streets through the estate of Burnside.

As a result of this appeal the Board granted L75 to be expended on the buildings and fences. The expenditure of this sum created further friction between the Governors and the Board. The latter body was not informed until February, 1837, of the Governors' decision at their meeting on November 14, 1836, to put Burnside House and premises into the occupation and charge of the Principal of the College. When they received the information they wrote to the Principal asking him what use he intended to make of the estate. The Principal in his reply questioned the authority of the Board, and said: "With regard to the use intended to be made by the Governors of the House, the Governors do not conceive themselves in any way accountable to the Board in this respect ... yet they feel no objection to communicating it for the information of the Board." To this letter the Secretary of the Board replied: "The Board was only originally induced to make the grant of L75 on the 14th of November last, for the repairing of the Burnside House and fences in the expectation that the same would be made tenantable and be let to the advantage of the Trust, and have learned with much dissatisfaction that the House is to be occupied by the acting-Principal without any advantage to the Trust; and a personal interest thereby given to him to prevent the College going into speedy operation; and that the Board do also think it necessary to record their opinion that as the Visitors of McGill College they are at all times entitled to inquire into the management of the Burnside property, especially when a demand is made upon the Board for a grant of money to be laid out on the said property. It was ordered [by the Board] that Mr. Bethune be further informed that under the circumstances disclosed to the Board for the first time in his letter, the Board cannot feel themselves justified in advancing any further sums for the repairs on the Burnside property." The Principal answered that the Board had no right to act in any matter affecting the College without consulting the Governors; that "the Governors cannot recognise the Visitatorial powers of the Board to the extent claimed"; and that the Board was "illegally and unjustly detaining the funds." He emphasised his desire "to effect a restoration of harmony and unanimity between all the parties"; but it was clear that because of the rapidly growing friction and misunderstanding a crisis was not very far off.

For several months thereafter no meetings of the Governors were held. The Rebellion of 1837 and the struggle for Canadian autonomy required all the attention and the energy of the Provincial authorities, and the subject of Collegiate education was again somewhat neglected. But in May, 1837, the Royal Institution announced to the Principal that they were about to erect buildings for the University, and they asked for suggestions which might guide them in calling for plans. But the Principal and Governors declined to make suggestions. They denied the right of the Royal Institution to undertake the erection of buildings, and they contended that the whole property and management of the affairs of the College devolved upon the Governors. They would therefore not surrender into other hands what they conceived to be their own vested rights. They pointed out, too, that the case between the executors and the Royal Institution for the possession of the funds was not yet settled. The Board replied that until a College was actually erected they were in control, under the terms of the will. They were somewhat inconsistent in their attitude. In the first suit against the Desrivieres heirs for the possession of the estate they had pleaded that by the mere obtaining of the Charter the College was to all intents and purposes "erected and established." The courts sustained their plea. Now, however, they repudiated their own former contention; they maintained that the College had not yet been "erected and established"; and that until buildings were actually constructed they had the sole authority!

Discord continued to characterise the relations of the two bodies. The Governors' meetings were usually attended only by the Principal and the Chief Justice. The former had a double or casting vote in case of dispute. He was virtually in control. The Board of the Royal Institution declared that he did not represent the views of the Governors. Apart from the disagreements arising from a dual management, other causes contributed to the bitterness of the controversy. The period was not conducive to harmony. Downing Street was not a name to conjure with, and "Downing Street rule" had become in Canada a synonym for indifference or coercion. The suspicion that the Royal Institution was but the mouthpiece, or at least the meek and unprotesting agent, of Downing Street only added to the irritation. The suspicion was not well founded, for the Royal Institution did not willingly submit to dictation from the Home authorities. But a new and sturdy Canadian spirit was evident in education as well as in politics. It was apparent as early as 1815 when Dr. Strachan outlined his plan for a University and expressed his doubts on the suitability of English methods in Canada. It had grown rapidly since that time. The year 1837 was a year of turmoil, with a cry for the privilege of solving Canadian problems in a Canadian way by those who were familiar with the requirements and conditions, and were not dwelling thousands of miles away. In such a period, aside from the waste of time, it was doubly distasteful to the Governors and to those interested in education to have to submit all appointments and all plans to the Home Government for ratification. The friction was, on the surface, between the Governors and the Royal Institution, but its roots lay deeper. Its cause was not far removed from the cause of the political rebellion of the hour.

After several months of somewhat discordant discussion the Principal finally agreed to submit to the Board suggestions on the proposed buildings, and on June 30th, 1838, he forwarded an outline of what he believed the College should include. He suggested that it should provide "(1) Accommodation for 100 students, namely, 100 sleeping rooms, and 50 sitting-rooms, two students in one set of apartments; (2) apartments for the Principal, and Vice-Principal, and family, and for four other Professors. The present house of Burnside might, he said, be adopted for the residence of the Principal; (3) a College Hall which for the present may be used both for lectures, exercises and refectory; (4) a Library; (5) a Chapel; (6) Steward's apartments." As an alternative to (3) he suggested three lecture rooms with some adjacent small apartments. It was proposed that prizes should be offered for the first and second best plans with specifications and estimates, not only for the buildings, but also for the laying out of College grounds on the northwest side of Sherbrooke Street "in avenues and ornamental and kitchen gardens." It was pointed out that this land consisted of about seventeen acres, and was considered sufficient for the College grounds, and that the upper side of Sherbrooke Street, which was then being opened to the width of 80 feet, was considered the best site for the College, as it was the most elevated land on Burnside and had the best approach. It was desired that the Building should include "a large room for the business of the Professor of Latin and Greek which might also be appropriated to many general purposes; a room for the Professor of Mathematics, Natural Philosophy and Astronomy with suitable adjacent apartments for his apparatus; a room for the Medical Department with suitable adjacent apartments for Chemical apparatus." The Professorships proposed to be established in the first instance were four: that of Divinity and Moral Philosophy to be occupied by the Principal; that of Medicine, with a suitable number of Lectureships in the different departments of Medical Science; that of Mathematics, Natural Philosophy and Astronomy; and that of Latin, Greek and History. It was pointed out that "in the present state of the College funds the greater number of these Professors can have little more allowed them than the fees derivable from pupils and that their salaries will therefore be uncertain."

The Royal Institution refused, however, to proceed at that time with the erection of buildings on so large a plan as suggested. On August 1st, 1838, they announced their intention to "proceed immediately on such an extent as the limited resources at their command will justify." They agreed to call for plans for a building containing lecture rooms and a public hall, but no apartments for students or professors, the building to cost not more than L5000. They contended that all the money in their possession was required to endow professorships and that they could not therefore make so great an expenditure as the large building suggested by the Governors would entail. They stated, too, that only three professorships could at present be established, those of Classical Literature, Mathematics and Natural Philosophy, and Metaphysical and Moral Philosophy, on the understanding that when the charter was changed to permit it, each of these professorships should be divided into two. They pointed out that their University scheme "in the absence of the long hoped for assistance from Her Majesty's Government will not embrace either Theology, Law, or Medicine." It was stipulated that the Principal should be also one of the Professors. An interesting condition with reference to the teaching of Theology was also set forth by the Board in the following resolution:

"That it is not expedient that a Professor of Divinity be appointed under the Charter, but that it be intimated to the Right Reverend the Lord Bishop of Montreal on behalf of the Church of England in this Province and to the Reverend the Presbytery of Quebec or the Synod of Canada on behalf of the Church of Scotland that Lecture Rooms will be set apart and that application will be made for such an alteration in the Charter as will give all rights and privileges of the University to such Professor or Professors as they may appoint and endow, or procure endowments for, for the instruction of students of Divinity of their respective churches; and that the authorities in both churches be respectfully requested to recommend or to enforce on their students attendance on the classes of general education in the College."

It was later decided that the Board of the Royal Institution and the Governors of McGill should write a memorial to Her Majesty's Government asking for the means of endowing at least four Medical Professorships; that a similar memorial be prepared with respect to a Professorship of Law; and that until such Professorships be established, every facility be given within the College to Lecturers in the various branches of Medical and Legal Science. These memorials had no response.

Another effort was now made by the Governors to secure the passing of the new Charter as amended in 1834 and 1836, which had been ignored by the Home Government. But Lord Gosford, the Lieutenant-Governor, refused to give it his sanction. Application was then made to Lord Durham, but no answer was received from His Lordship, who declared that he was "too busy to consider the question."

The correspondence during this period indicates that the Board and the Governors were working in harmony. But the peace was not of long duration. It lasted but a few days. It was, however, of sufficient length to permit of temporary agreement on the kind of building required. As a result, plans for the laying out of the grounds and for the erection of buildings were at last called for by the Board of the Royal Institution, and the following advertisement appeared in the Mercury and the Official Gazette on the 16th of August, 1838, and in the Quebec Gazette on the day following:

TO ARCHITECTS OFFICE OF THE ROYAL INSTITUTION FOR THE ADVANCEMENT OF LEARNING

Quebec, 16th August, 1838.

By order of the Principal and Trustees of this Board, Public Notice is hereby given that they are desirous of obtaining plans, specifications, and estimates for the erection of suitable buildings on the estate of Burnside, near Montreal, for the McGill College; and that the sum of fifty pounds currency will be paid for the plan which shall be accepted by the Board as the best plan; and twenty-five pounds for the plan which shall be adjudged as second best. The said plans to provide:

1ST. Apartments for 100 students: to consist of 50 sitting rooms and 100 sleeping rooms.

2ND. Apartments for a Vice-Principal and family, and for 4 Professors.

3RD. College Hall.

4TH. Library.

5TH. Chapel.

6TH. Steward's Apartments.

With a connected plan for the distribution of the ground on the northwest side of the continuation of Sherbrooke Street in avenues—with ornamental and kitchen gardens.

The said plans to provide for the erection in the first instance of such portions of the building as are specified below to be hereafter incorporated with the general design when completed; the sum at present disposable being limited to about L5000.

1ST. Two large rooms, each calculated for separate classes of 50 non-resident students.

2ND. Two rooms available for medical students, chemical apparatus, etc.

3RD. College Hall.

4TH. Library.

5TH. Steward's Apartments.

Information respecting the proposed site and grounds, with other particulars, can be obtained on application to the Rev. Dr. Bethune, Principal of McGill College, Montreal, to whom the plans are to be delivered on or before the 1ST of October next.

WILLIAM S. BURRAGE, For the Rev. R. R. Burrage, (Sec'y to the Board of R. I.)

Plans were accordingly submitted by several architects, and were forwarded by the Board to the Governors of McGill for their comments. The Governors pointed out that even in the best and most suitable plan submitted "no provision was made for retiring rooms for Professors!" The plans provided for a Post Office at the entrance to the grounds, a Botanical Lecture-house and "ornamental bridges" over the stream that ran through the grounds near the present University Street. The Board of the Royal Institution declined to accept any of the plans submitted on the ground that they involved too great an expenditure, and building operations were again indefinitely delayed.



The Governors continued to urge with vigour the immediate erection of a building. They tried to force the Board, for no apparent legal reason, to have the building completed before the 29th of June, 1839, the tenth anniversary of the opening of the College, and in October, 1838, the Principal wrote to the Board: "I am well informed that it is the intention of the heirs Desrivieres, should not a College be erected on Burnside property within ten years from the period of possession thereof by the Royal Institution, to sue for the recovery of the whole bequest. No legal advice has been taken on the subject, but we think it prudent to avoid the contest." The Board sought legal advice on the latter question and were assured that there were no grounds whatsoever for such an assumption on the part of the heirs, and that such a contention could not be defended in law. No attempt indeed was made to put forward such a plea, and it is very doubtful if such an attempt was ever contemplated. But that the Board feared this possibility is evident from their determination speedily to establish the College on a more real basis. They decided to begin instruction in Burnside House. Difficulties, however, were in the way. The Principal was occupying the dwelling house, and although he had taken possession of it without the Board's approval they could not well compel him to leave. Moreover, he had expended a considerable sum from his own private funds on repairs to the estate. He had submitted a bill for the amount to the Board, but the Board declined to pay it as they had not authorised the expenditure. They contended, too, that he could reimburse himself from the products of the farm. The situation was a delicate one, and gradually the evils of a dual control were being disclosed. The Board knew that the Principal would not vacate the building in which they wished to begin instruction until his bill was paid. On November 21st, 1838, they voted: "that a communication be made to the Governors of McGill College that it is in the opinion of the Board expedient that a permanent Principal and Professors be appointed and the actual working of the College commenced as speedily as possible in Burnside House till such time as more convenient buildings be erected, by which means the wishes of the Governors to have the College established and in operation before the 29th of June next will be met, and that the Board will take into consideration the claim of Dr. Bethune arising out of expenses incurred by him on the estate of Burnside while in his possession on his vacating the premises and rendering an account." Meanwhile the Governors' meetings had dwindled to two, and sometimes to one member. There was criticism that their meetings were no longer representative, and to these statements, because of their own objection to the alleged Downing Street methods of the Royal Institution, the Governors were sensitive. To meet this criticism they established the "Corporation" of the College, to include not only the Governors, but a number of the members of the teaching staff, and certain citizens selected because of their interest in education. The first meeting of this body was held on November 27th, 1838. There were present Sir John Colborne, the Governor-General; the Principal; Drs. Robertson, Stephenson and Holmes of the Medical School, and the Hon. George Moffat. It was at this meeting that the resolution of the Board above referred to was considered.

The resolution was not received with applause nor with delighted approval. The Governors doubted the efficacy of the plan. The Principal was not eager to vacate Burnside House. The Professors in the Medical School resented the suggestion that the "actual working of the College" had yet to be commenced. In answer, it was resolved that "in the opinion of Corporation it is expedient that a College be built before the 29th of June next on the Burnside Estate as the surest means of securing the bequest of the late Mr. McGill." But the bequest had already been secured; it had been paid over to the Royal Institution in December, 1837! Notwithstanding the Board's decision, the Governors insisted on the erection of a building before the 29th of the following June. The amended Charter had not yet been approved. There was still provision only for four professorships, and these had been filled by the members of the Medical School. Only one of them was now vacant. Until the Charter was approved, then, and provision made for the appointment of more professors, the building erected could only be occupied mainly by Medical teachers. In December, 1838, the Royal Institution again recorded their opposition to the Governors' desire for "the hasty erection in a few weeks of a building adapted only for instruction in Medical Science." They expressed their belief "that the first proper and most pressing measure to be adopted in execution of the plain expression of the testator's will and of the Charter is to commence forthwith a course of general instruction in the ordinary branches of a learned Collegiate education in the buildings now erected on the Burnside Estate." They added that "they see no difficulty in accomplishing this object before it would be possible to commence the erection of a new building, and they are of opinion that it would be a nearer approach to a real performance of the testator's intentions than the attempt to run up a new building before the 29th of June, next, which even if it could be finished by that time would not deserve the name of a University." They did not consider that the terms "erect" and "establish" used in the will "could with any propriety be interpreted as meaning the erection of a material building." They declared that it was undoubtedly the testator's intention to establish an institution for collegiate education; they expressed their determination to apply the funds first of all to the payment of "a Principal and of such Professors as may be required, and to proceed in due course with the erection of a more extensive building than even that suggested by the Governors."

To this the Governors would not agree; they urged that a decision on the Charter be obtained at once. On February 5th, 1839, the Board again expressed their views. They were sensible, they said, of the necessity for the appointment of additional professors, but they emphasised the folly of waiting for this permission before erecting a College building. Approval of the amended Charter might be postponed indefinitely, and the present Charter provided for a building for collegiate education. They added: "The Board are not aware of the circumstances under which the Medical Faculty of Montreal became possessed of all the Professorships of the College but they must suppose that it could only have been a temporary arrangement, without remuneration, adopted with such precautions as not to allow the present holders of Professorships setting up the pretension to continue to fill them to the exclusion of other branches of knowledge. The existing arrangement appears to the Board to be clearly liable to the objection that it is contrary to the terms of the Charter and the intention of the founder since an institution of which the offices are so filled for the purpose of one science alone cannot in law or in common parlance be considered as a University where all the branches of literature are or may be universally taught, and such an Institution is erected by the Charter according to the express will of the testator."

Their plan was to appoint a permanent Principal who should be required to lecture in some branch or branches of knowledge, and to establish temporary Lectureships which could be changed to Professorships when the amended Charter, permitting an increase in the number of Professorships, was approved. Under this plan they saw "an easy means of opening at once a course of public instruction which would meet the present wants of the Province and be capable of future extension." They would devote the endowment fund, they said, to the payment of Professors' salaries. The house on the Burnside Estate was sufficient, they thought, "for the limited purpose at present contemplated," and "in that building, if nowhere else, a College should be put in actual operation," for by so doing "an effective answer would be afforded to any demand or pretension that might be raised to obtain the forfeiture of the property bequeathed on the pretence of the College not being in operation." They promised to proceed to the erection of a building "with all despatch consistent with due caution. But at least a year from next summer must elapse before a building suitable to the purpose of a University can be prepared for occupation." They therefore urged the use of Burnside House for the present, at least.

In answer to this letter the Medical Professors contended through the Principal, that their appointment was not a temporary arrangement and that it was not their intention to resign their commissions. The Governors stated further, that they could not feel themselves justified in pressing for the resignation of any of these Professors, who were receiving no salary, but who "now had a near prospect of reaping some advantage from their appointment." They condemned the Board for unnecessary delay in erecting a building in which to hold classes and their letters did not add to the harmony so desirable in that critical period. The Principal and Governors did not approve of using Burnside House for lecture rooms, because, in their opinion, it was unfit for such a purpose "except on such a scale as would entitle it only to the name of a Grammar School; because they believed a suitable building could be erected within a year; because it was intended to be the residence of the Principal; and because they could not see that any object would be attained by such a temporary, insufficient and unsatisfactory arrangement." They stated further, with some suggestion of defiance, that they would be prepared to open the College with suitable teachers as soon as the necessary building or buildings were erected "on the most extensive scale and in the most efficient manner which the funds that may be at their disposal will admit of, and that until such a building was provided no instruction would be given."

The Royal Institution seems to have desired harmony and to have been willing to meet the wishes of the Governors at least half-way. At a meeting of the Board on February 20th, 1839, it was decided to call again for plans to be submitted before the 10th of May following. It was resolved at this meeting "that the accommodation of the Medical Faculty be limited to two rooms for class rooms, these to form part of the general building unless separate accommodation in detached buildings could be obtained for them within the limits of the L5,000 allotted for the whole edifice, and without interfering with or embarrassing the general plan; and that if the Medical Faculty required other or larger accommodation than was consistent with these conditions they must be left to their own resources to obtain it, the Board, however, being willing to allow them to build on some part of the grounds of Burnside if they found funds for doing so." They had meanwhile petitioned the Lieutenant-Governor, Sir John Colborne, and Council, for a Provincial grant to aid in the construction of the building, but their appeal had no success.

The Governors of the College then decided to agree to the erection of a smaller building than that at first requested. The Medical School, too, for various reasons concluded that they did not desire accommodation in the new building. The Governors wrote to the Board stating that they would be satisfied with the erection of a building for 60 students, without sitting rooms; necessary class rooms; College Hall; Library; Steward's Apartments and accommodation for the Principal and two Professors—which could be built for L6,000. They pointed out that in this estimate there was no provision whatever for the Medical Department "nor perhaps will such provision be at all necessary. The present Medical Professors are now of opinion that the situation of Burnside is too remote from the centre of the population for this department, because, besides the inconvenience to the Professors themselves, the attendance there of Medical Students who will be generally resident in the Town at 4 or 5 different Lectures daily will be attended with very serious inconvenience if not insuperable difficulty. They would therefore much prefer that a sufficient allowance should be made for renting a building in Town for the Medical Department. To meet their views in this respect the House on Burnside (which will not be required for the residence of the Principal if accommodation be provided for him within the walls of the College), together with that portion of the premises on the southeast side of Sherbrooke Street, might be let for a sum fully adequate to the expense of renting sufficient accommodation for the Medical Department in Town."