When the College buildings were nearing completion, towards the end of
1842, the Board prepared the necessary documents for the transfer of the
Burnside Estate to the possession of the Governors of the College. But
they took care to safeguard their own powers. They retained the right to
inquire from time to time into the management and administration of the
University, to remove officers of the College for misconduct, to examine
into the compliance of the Governors with the Charter, and to establish
statutes and by-laws for the government of the College. In short, the
Governors, although they were at last to obtain possession of the
property, were still to be subservient to the Board.
This was naturally not satisfactory to the Governors. In accordance with
the resolution passed on August 8th, 1842, they drew up a bill the
object of which was "to abolish the Royal Institution, and to provide
for the better government of McGill College." It stipulated that all the
monies, goods and chattels of which the Royal Institution was possessed
under the will of James McGill should be vested in the Government of the
University. The Principal went to Kingston to endeavour to have the bill
passed during the following session of Parliament but the abrupt ending
of the session prevented even its introduction. He went to Kingston
again in 1843, but he was frustrated by a similar cause. Against the
bill the Board emphatically protested. They declared it to be an attempt
to overthrow the plainly expressed intentions and directions of the
testator, and an action "as unexampled in the history of British
legislation as it is contrary to the first principles of law, justice
and reason." They stated further that "they have executed the
intentions of the testator diligently, faithfully and efficiently, so
far as they have not been obstructed in doing so by the acts of those
whose duty it was to have facilitated their proceedings." The bill was
not passed. It helped only to shatter whatever hopes may have existed
for the ending of the quarrel between the Governors and the Board as
then constituted. It made it plain that there was now no possibility of
an amicable agreement.
In the spring of 1843, the buildings were completed as far as the funds
available would permit. Because of lack of money, the Board did not feel
justified in making any outlay on the College grounds. Meanwhile,
however, they had increased the value of the estate by giving to the
City of Montreal the continuation lines of Dorchester and St. Catherine
Streets on condition that the additional fences required on opening
these streets should be erected at the expense of the city.
Public-domain text, read in full here on John Shaqi.
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