public, because they receive pupils upon terms of equality, and no rule
of exclusion exists which does not apply to all
Such schools are sometimes, upon a superficial view, supposed to be
public, because they receive pupils upon terms of equality, and no rule
of exclusion exists which does not apply to all. And especially has it
been assumed that a free school thus founded, as the Norwich Free
Academy, which makes no charges for tuition, and is open to all the
inhabitants of the city, is therefore a public school. These
institutions are public in their use, but not in their foundation or
control, and are therefore not public schools. The character of a
school, as of any eleemosynary institution, is derived from the will of
the founder; and when the beneficial founder is an individual, or a
number of individuals less than the whole political organization of
which the individuals are a part, the institution is private, whatever
the rules for its enjoyment may be. To say that a school is a public
school because it receives pupils free of charge for tuition, or because
it receives them upon conditions that are applied alike to all, is to
deny that there are any private schools, for all come within the
definition thus laid down.
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