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 Desrivières, 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 £5,000 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 £6,000. 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.”
To this latter suggestion the Board agreed. They were still determined that pending the completion of the proposed building, Collegiate teaching should be undertaken at once in Burnside House. But it was first necessary that the Principal give up the house. A dispute then arose between the Board and the Governors with reference to the responsibility for the repairs to the estate. More money had been expended than the Board had authorised. The Board contended that the Principal should make an allowance for rent of the house, which he had occupied for nearly two years, and they refused to pay the account submitted for the expenses incurred. The Governors declined to admit the justice of this claim. The Principal had already written to the Board in January, 1839, stating that he would “keep possession of Burnside until his full account was paid, and that he would vacate the premises when required to do so by the Governors.”
The Board then agreed to pay to the Principal the whole amount claimed by him, “however liable to objection, with whatever deduction for rent he himself should agree to,” if he would consent to vacate Burnside House. The Principal, in a somewhat scornful reply, declined for two reasons, first that this proposal implied the necessity of bribing him to vacate the premises; and second that by accepting it, he might be considered as selling for the settlement of his account the possession which the Governors held of the premises by reason of his occupancy. But he again stated that he would vacate the premises when ordered to do so by the Governors. The result was a protracted and bitter discussion between the two bodies, with many recriminations on both sides and more frankness than tact. The Lord Bishop of Montreal, the Rev. Dr. G. J. Mountain, who was Principal of the Royal Institution and formerly Principal of McGill, naturally interested himself personally in the discussion. On February 25th, 1839, he wrote to the Principal, saying, “I will tell you unreservedly what I think, which is that ... you are apt to give colour to the transactions in which you are engaged.... I say this without reserve because if you will receive it in good part I think it may be of use to you and save upon occasion hard constructions being put upon your proceedings.... It is very unwillingly indeed that as Principal of the Board, I have been drawn into any sort of collision with you.”
To this the Principal promptly replied, accusing the Board of gross neglect and unnecessary delay. “Indeed,” he said, “their zeal for the interests of the College has for some time past chiefly manifested itself in their efforts and schemes for dislodging me from Burnside and in their proceedings they seem to have adopted the favourite peroration of Cicero which may be freely translated thus, 'and Bethune must be ousted.'” He added: “I can afford to forgive the Board for any hard constructions they put upon my proceedings; they may be necessary for their own justification.” To this Bishop Mountain replied: “I have had quite enough of this painful collision.”