McGill and its Story, 1821-1921 — John Stuart Mill — John Shaqi
McGill and its Story, 1821-1921
John Stuart Mill · en
The settlement of the first case was long delayed, and was attended with
numerous discouragements. It involved, too, great expense, which the
Board was not always able to meet. The judgment of the Court of King's
Bench in Montreal was in favour of the Royal Institution. Mr.
Desrivières then appealed from this judgment to the Privy Council, and
again an irritating delay ensued before the appeal was heard. In July,
1823, the Board asked the Governor-General for a further loan of £300
from the revenues of the Jesuits' Estates as they were again in
financial straits. The advance was made, but it was soon expended, and
when forwarding a payment on account to Mr. Sewell on April 15th, 1824,
the Secretary of the Board wrote, "this payment exhausts within a few
pounds all the money of the Royal Institution. We are therefore in no
very enviable situation as to funds." Four more years passed before the
first suit was finally settled; they were years during which in the face
of obstacles that threatened the very existence of the College, the
Board frequently despaired of success. On August 17th, 1824, the
Secretary wrote to the Lieutenant-Governor of the Province, Sir F. N.
Burton, pleading for his assistance and co-operation in bringing the
case to a speedy conclusion, and asking for further financial
assistance. The following extract from his letter indicates that the
outlook was not entirely hopeful:
"The judgment of the Court of King's Bench at Montreal in favour of the
Institution in suit against Mr. Desrivières has been confirmed by the
Court of Appeals; but a further appeal has been made to the Privy
Council; the sum of £300, advanced by way of Loan, by order of His
Excellency, the Governor in Chief, in consequence of the address above
referred to (in addition to £200 before received), from the proceeds of
the Estates heretofore belonging to the late Order of Jesuits' has been
subsequently expended. Your Excellency is likewise aware that not only
is a question arising out of these complicated legal proceedings now
pending in the Court of Appeals, but also that the action for the
£10,000 which promises to be at least as expensive to the Institution as
that for the Estate of Burnside, is as yet undecided in the Court of
King's Bench at Montreal. Of the final result of these proceedings no
doubt can reasonably be entertained; but the Institution have before
them in the meantime the prospect of protracted Litigation without any
means whatever of meeting the heavy expense attendant upon it,--or even
of defraying their ordinary contingent expenses, however trifling their
amount. In these circumstances of unexampled difficulty, the Institution
once more humbly pray that your Excellency in transmitting their
Memorial to His Majesty's Government, will be pleased to accompany it
with such representations as to your Excellency may seem best calculated
to relieve them from the extreme embarrassment of their situation; from