136 History of Hingham, 



charter they are entitled to in said school ; and they are to con- 

 sider what farther steps are necessary to be taken respecting the 

 matter." This committee made a report at the following " April 

 meeting." The report recites at length the privileges to which 

 the parish and town arc entitled, and states that the " parish and 

 town have not had the benefit that was designed them by the 

 donor of said school." The reasons for the above conclusion are 

 given, which amount in substance to the impression that, while 

 the school was designed as a charity for the benefit of the poor, 

 it was really being conducted in such a manner as to deter poor 

 people from sending their children to it, and that the regulations 

 adopted by the trustees served " only those in affluence and ob- 

 jects of trustee charity, to the exclusion of those in moderate 

 circumstances." The same committee was appointed " to wait 

 upon the Trustees and confer with them about the regulations " 

 of the school. The Trustees made answer and the whole matter 

 was disposed of at the March meeting of 1705, when it was 

 voted to dismiss the article in the warrant respecting the report 

 of the committee on the Derby School. 



In 1821 a complaint to the Trustees was made by a committee 

 of the town concerning the teachers and the place in which the 

 animal lecture was delivered. There was a reply by the Trus- 

 tees, in which they defended themselves and the teachers. This 

 called forth a spirited rejoinder from the town's committee, and 

 the controversy was terminated by the Trustees voting to take no 

 further action. This discussion was so much flavored with the 

 heated prejudices of the time that it would serve no good purpose 

 of history to dwell at length upon it, and it is only alluded to for 

 a record of the fact. The later intercourse between the town 

 and the Trustees was of a more amicable nature. 



The town being required to maintain a High School, two un- 

 successful attempts were made to devise some plan by which the 

 Academy should serve this purpose and thus, in the interest of 

 economy, secure to the town the advantage of its funds. 



The first attempt was made in 1855, when, at a town-meeting 

 in April, the whole subject of the schools in Hingham was re- 

 ferred to a committee, authorizing them " to confer with the 

 Trustees of Derby Academy with a view to ascertain whether 

 that institution can be made in any way to answer the purpose 

 of a High School for the town." The Trustees were desirous of 

 meeting the wishes of the town so far as it was in their power to 

 do so. " They did not feel authorized, however, to make such a 

 change in the character and management of the institution as 

 that proposed, without first obtaining the opinion of counsel, 

 learned in the law, respecting their legal powers and duties under 

 the deed of trust and will of Mrs. Derby and the act of the legis- 

 lature by which they were incorporated. They therefore con- 

 sulted Hon. John M. Williams, and obtained from him a written 

 opinion, the substance of which is as follows. The question pro- 



