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 Desrivières 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 £22,000. 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