“His Royal Highness, the Prince Regent, being desirous of marking by some permanent establishment the high sense which he entertains of the exertions made by the Provinces of Canada during the late war with the United States, has been pleased to signify his intention of founding and endowing in the Province one or more Colleges for the education of youth. An establishment so necessary cannot be too early accomplished, and although the details of such a measure are not completely arranged, yet Montreal has been from its central situation selected as the town best fitted for such a purpose. There does not appear any reason why the commencement of the work should not take place immediately. You will, therefore, lose no time in selecting such a spot in the immediate vicinity of Montreal, taking care that the ground selected be sufficiently extensive to leave an adequate space for the formation of walks and gardens, and you will proceed without delay to enclose it for that purpose. You will further take the necessary measures for acquainting the trustees in whose hands the late Mr. McGill deposited by will a sum of £10,000 in aid of this object, that it is the intention of His Majesty's Government to commence such an undertaking and to call upon them as soon as the plan shall have been definitely settled for the application of the funds entrusted to them for the purpose of erecting the building. I forbear in this first stage of the undertaking to mention either the assistance which His Majesty's Government is prepared or may be enabled to give or that which the Province may be disposed to contribute. The benefits of such an establishment are such as must be felt both in the Colonies and in the Mother Country, and when felt cannot but ensure on the part of both a hearty co-operation and liberal support.

“With a view to the endowment of a College, the estates lately belonging to the Jesuits and now in possession of the Crown, afford a resource of which His Majesty's Government are to a certain extent determined to avail themselves. But previous to deciding upon the extent of the establishment it is necessary that I should be informed of the present value of these Estates, of their capability of improvement and of the mode in which their revenues have hitherto been disposed of.

“I have therefore to desire that you will as early as possible furnish me with adequate information upon these several points. Upon the receipt of which His Majesty's Government will lose no time in entering upon the final arrangement of an establishment calculated to afford to all classes of His Majesty's subjects in the Province that degree of education and those means of improvement which they have hitherto been compelled to seek at a distance from home.”

It is evident from the above letter that the writer had no knowledge of the conditions of James McGill's will nor was he aware that before Colleges could be established it was first necessary to appoint Trustees for the Royal Institution and thereby to enable that body to assume control of educational institutions established in the Province, as already provided for by the Act of 1801. However, the Executors of the McGill will were informed, as requested, of the Home Government's intention, and the information asked for with reference to the Jesuits' Estates was forwarded to the Colonial Office. Lord Bathurst was apparently meanwhile made acquainted with the conditions of the will and with the Act of 1801. A few weeks later, on March 14th, 1816, he again wrote to Sir Gordon Drummond, as follows:

“My despatch of the 30th December will have informed you of the determination of His Royal Highness the Prince Regent to avail himself of the return of peace to forward the important objects of education and instruction in His Majesty's Dominions, and especially in the Provinces of Canada. When I then addressed you I had not had an opportunity of perusing the will of Mr. McGill which afforded by the liberality of his bequest such important assistance in carrying such an object into effect. I have since been furnished with a copy of the will of which an extract is enclosed for your consideration. You will no doubt observe that the mode in which the bequest is directed to be made, no less than the nature of it, superseded the necessity of carrying into effect the instructions conveyed to you on the 30th December under an erroneous impression of its contents. You will therefore consider that instruction to be recalled and in lieu of adopting any measures for enclosing a spot well fitted for the erection of the University, you will suspend all measures of such a nature till the necessary preliminary arrangements have been made in conformity with the Act of Parliament of the Province of Lower Canada passed in the 41st year of His Present Majesty, entitled 'An Act for the Establishment of Free Schools and the Advancement of Learning in this Province.' Those arrangements you will immediately carry into effect, by appointing under the Great Seal of the Province the following persons to be Trustees of the Schools of Royal Foundation in the Province in the manner and for the purposes specified in the Act and constituting them a Body Corporate by the name of the Royal Institution for the Advancement of Learning. The persons to be nominated in the first instance are the Governor, Lieutenant-Governor, or person administering the Government for the time being; the Right Reverend Jacob Mountain, Bishop of Quebec; Jonathan Sewell, Esq., the Chief Justice of the district of Quebec; James Monk, Esq., the Chief Justice of the district of Montreal; the Reverend J. O. DuPlessis, Superintendent of the Romish Church.

“As soon as this preliminary arrangement shall have taken place you will call upon the persons named in Mr. McGill's will for the execution of the trust reposed in them, and you will by an early opportunity receive detailed instructions for your future proceedings.”

Three weeks later, on the 9th April, 1816, Lord Bathurst forwarded to Sir Gordon Drummond the following despatch containing the names of additional Trustees and cancelling for obvious religious, political and racial reasons which would prevent criticism the former appointment of the Governor:

“In my despatch of the 14th ult., I conveyed to you the instruction of His Royal Highness, the Prince Regent, to nominate and appoint under the Provincial Act of 1801 a Body Corporate for the Advancement of Learning, and I communicated to you the names of several persons who appeared best qualified for such a duty. It has since appeared more advisable to increase the number of Trustees to eight in order to obviate the inconveniences which if the number were less might arise from the non-attendance of individual members. It has been deemed proper also in order to obviate all objections which might be grounded on the circumstances of the peculiar situation in which with regard to this commission the Governor is placed, to withdraw from that commission the name of the Governor or Officer administering the Government. You will therefore take the necessary measures for inserting in the Patent the following names in lieu of those which I have previously specified, viz.—Jonathan Sewell, Esq., Chief Justice of the district of Quebec; James Monk, Esq., Chief Justice of the district of Montreal; the Right Rev. Jacob Mountain, Bishop of Quebec; Rev. J. O. DuPlessis, Superintendent of the Romish Church; the Rev. Dr. Alexander Sparke of the Church of Scotland; John Richardson, Esq., of Montreal, a member of the Executive and Legislative Councils; William Bachelor Coltman, Esq., of Quebec, a member of the Executive Council; and John Reid, Esq., of Montreal, one of the Judges of the Court of King's Bench.”

Notwithstanding the above instructions the Provincial Government was slow to act, for reasons already specified. Opposition to the establishment of the Royal Institution continued to be powerful and somewhat bitter, and two years passed before trustees were finally appointed. The Rev. J. O. DuPlessis, the Superintendent of the Romish Church, objected to becoming a member of the Board, and later declined. Meanwhile vigorous efforts were made to have the grants for schools and the McGill bequest augmented by the Crown, through the use of Crown Lands or the revenues of the Jesuits' Estates as partly promised in Lord Bathurst's letter of December 30, 1815.

As a result of these persistent efforts by some members of the Legislature and by church authorities interested in education, the Home Government realised that the funds devoted to educational institutions were lamentably insufficient and that additional means should at once be provided for the better equipment of schools and for the engagement of a greater number of teachers. They seem to have realised, too, that the bequest of James McGill was not in itself sufficient to provide for the erection of College buildings and for a subsequent endowment. They therefore decided after much consideration to make use of the estates of the Jesuits which had reverted to the Crown on the extinction of the order. For several years the assigning of the revenues of these estates to educational and religious purposes under Protestant control had been advocated and by the strange irony of history this was in time brought about. Indeed, as early as February 10th, 1810, Sir Gordon Drummond, then administering the Government of Lower Canada, wrote from Quebec to the Colonial Office stating that the Anglican Cathedral in Quebec “was badly in need of repair and that for the purpose of repair there was little hope of obtaining from the inhabitants of Quebec any contribution worthy of consideration.” He therefore asked that the Home Government should authorise him to devote to the purpose part of the revenue arising from the Jesuits' Estates, the whole of which “to the amount of more than £4,500 annually has hitherto been transferred to the Military chest.” And he added, “I beg leave to suggest my opinion that this is the most proper source from which the means of repairing the cathedral can be drawn, and indeed, that this fund might with propriety in the future be applied to the general support of the places of worship of the Established Church throughout the Province.”