in express terms, is not granted at all. And, therefore, as nothing is said of the election of officers, no such election can be held. The Master may, however, and always does for convenience, appoint a competent Brother to keep a record of the proceedings; but this is a temporary appointment, at the pleasure of the Master, whose deputy or assistant he is; for the Grand Lodge looks only to the Master for the records, and the office is not legally recognized. In like manner, he may depute a trusty Brother to take charge of the funds, and must, of course, from time to time, appoint the deacons and tiler for the necessary working of the lodge.
As there can be no election, neither can there be any installation, which, of course, always presumes a previous election for a determinate period. Besides, the installation of officers is a part of the ceremony of constitution, and therefore not even the Master and Wardens of a lodge under dispensation are entitled to be thus solemnly inducted into office.
A lodge under dispensation can elect no members. The Master and Wardens, who are named in the dispensation, are, in point of fact, the only persons recognized as constituting the lodge. To them is granted the privilege, as proxies of the Grand Master, of making Masons; and for this purpose they are authorized to congregate a sufficient number of Brethren to assist them in the ceremonies. But neither the Master and Wardens, nor the Brethren, thus congregated have received any power of electing members. Nor are the persons made in a lodge under dispensation, to be considered as members of the lodge; for, as has already been shown, they have none of the rights and privileges which attach to membership–they can neither make bye-laws nor elect officers. They, however, become members of the lodge as soon as it receives its warrant of constitution.
Chapter III.
Of Lodges Working under a Warrant of Constitution.
Section I.
_Of the Powers and Rights of a Lodge._
In respect to the powers and privileges possessed by a lodge working under a warrant of constitution, we may say, as a general principle, that whatever it does possess is inherent in it–nothing has been delegated by either the Grand Master or the Grand Lodge–but that all its rights and powers are derived originally from the ancient regulations, made before the existence of Grand Lodges, and that what it does not possess, are the powers which were conceded by its predecessors to the Grand Lodge. This is evident from the history of warrants of constitution, the authority under which subordinate lodges act. The practice of applying by petition to the Grand Master or the Grand Lodge, for a warrant to meet as a regular lodge, commenced in the year 1718. Previous to that time, Freemasons were empowered by inherent privileges, vested, from time immemorial, in the whole fraternity, to meet as occasion might require, under the direction of some able architect; and the proceedings of these meetings, being approved by a majority of the Brethren convened at another lodge in the same district, were deemed constitutional.[34] But in 1718, a year after the formation of the Grand Lodge of England, this power of meeting _ad libitum_ was resigned into the hands of that body, and it was then agreed that no lodges should thereafter meet, unless authorized so to do by a warrant from the Grand Master, and with the consent of the Grand Lodge. But as a memorial that this abandonment of the ancient right was entirely voluntary, it was at the same time resolved that this inherent privilege should continue to be enjoyed by the four old lodges who formed the Grand Lodge. And, still more effectually to secure the reserved rights of the lodges, it was also solemnly determined, that while the Grand Lodge possesses the inherent right of making new regulations for the good of the fraternity, provided that the _old landmarks be carefully preserved_, yet that these regulations, to be of force, must be proposed and agreed to at the third quarterly communication preceding the annual grand feast, and submitted to the perusal of all the Brethren, in writing, even of the youngest entered apprentice; “_the approbation and consent of the majority of all the Brethren present being absolutely necessary, to make the same binding and obligatory_.”[35]
The corollary from all this is clear. All the rights, powers, and privileges, not conceded, by express enactment of the fraternity, to the Grand Lodge, have been reserved to themselves. Subordinate lodges are the assemblies of the craft in their primary capacity, and the Grand Lodge is the Supreme Masonic Tribunal, only because it consists of and is constituted by a representation of these primary assemblies. And, therefore, as every act of the Grand Lodge is an act of the whole fraternity thus represented, each new regulation that may be made is not an assumption of authority on the part of the Grand Lodge, but a new concession on the part of the subordinate lodges.
This doctrine of the reserved rights of the lodges is very important, and should never be forgotten, because it affords much aid in the decision of many obscure points of masonic jurisprudence. The rule is, that any doubtful power exists and is inherent in the subordinate lodges, unless there is an express regulation conferring it on the Grand Lodge. With this preliminary view, we may proceed to investigate the nature and extent of these reserved powers of the subordinate lodges.
A lodge has the right of selecting its own members, with which the Grand Lodge cannot interfere. This is a right that the lodges have expressly reserved to themselves, and the stipulation is inserted in the “general regulations” in the following words:
“No man can be entered a Brother in any particular lodge, or admitted a member thereof, without the unanimous consent of all the members of that lodge then present, when the candidate is proposed, and when their consent is formally asked by the Master. They are to give their consent in their own prudent way, either virtually or in form, but with unanimity. Nor is this inherent privilege subject to a dispensation, because the members of a particular lodge are the best judges of it; and because, if a turbulent member should be imposed upon them, it might spoil their harmony, or hinder the freedom of their communication; or even break and disperse the lodge, which ought to be avoided by all true and faithful.”[36]
But although a lodge has the inherent right to require unanimity in the election of a candidate, it is not necessarily restricted to such a degree of rigor.
A lodge has the right to elect its own officers. This right is guaranteed to it by the words of the Warrant of Constitution. Still the right is subject to certain restraining regulations. The election must be held at the proper time, which, according to the usage of Masonry, in most parts of the world, is on or immediately before the festival of St. John the Evangelist. The proper qualifications must be regarded. A member cannot be elected as Master, unless he has previously served as a Warden, except in the instance of a new lodge, or other case of emergency. Where both of the Wardens refuse promotion, where the presiding Master will not permit himself to be reelected, and where there is no Past Master who will consent to take the office, then, and then only, can a member be elected from the floor to preside over the lodge.
By the Constitutions of England, only the Master and Treasurer are elected officers.[37] The Wardens and all the other officers are appointed by the Master, who has not, however, the power of removal after appointment, except by consent of the lodge;[38] but American usage gives the election of all the officers, except the deacons, stewards, and, in some instances, the tiler, to the lodge.
As a consequence of the right of election, every lodge has the power of installing its officers, subject to the same regulations, in relation to time and qualifications, as given in the case of elections.
The Master must be installed by a Past Master,[39] but after his own installation he has the power to install the rest of the officers. The ceremony of installation is not a mere vain and idle one, but is productive of important results. Until the Master and Wardens of a lodge are installed, they cannot represent the lodge in the Grand Lodge, nor, if it be a new lodge, can it be recorded and recognized on the register of the Grand Lodge. No officer can permanently take possession of the office to which he has been elected, until he has been duly installed.[40] The rule of the craft is, that the old officer holds on until his successor is installed, and this rule is of universal application to officers of every grade, from the Tiler of a subordinate lodge, to the Grand Master of Masons.
Every lodge that has been duly constituted, and its officers installed, is entitled to be represented in the Grand Lodge, and to form, indeed, a constituent part of that body.[41] The representatives of a lodge are its Master and two Wardens.[42] This character of representation was established in 1718, when the four old lodges, which organized the Grand Lodge of England, agreed “to extend their patronage to every lodge which should hereafter be constituted by the Grand Lodge, according to the new regulations of the society; and while such lodges acted in conformity to the ancient constitutions of the Order, to admit their Masters and Wardens to share with them all the privileges of the Grand Lodge, excepting precedence of rank.”[43] Formerly all Master Masons were permitted to sit in the Grand Lodge, or, as it was then called, the General Assembly, and represent their lodge; and therefore this restricting the representation to the three superior officers was, in fact, a concession of the craft. This regulation is still generally observed; but I regret to see a few Grand Lodges in this country innovating on the usage, and still further confining the representation to the Masters alone.
The Master and Wardens are not merely in name the representatives of the lodge, but are bound, on all questions that come before the Grand Lodge, truly to represent their lodge, and vote according to its instructions. This doctrine is expressly laid down in the General Regulations, in the following words: “The majority of every particular lodge, when congregated, not else, shall have the privilege of giving instructions to their Master and Wardens, before the meeting of the Grand Chapter, or Quarterly Communication; because the said officers are their representatives, and are supposed to speak the sentiments of their Brethren at the said Grand Lodge.”[44]
Every lodge has the power to frame bye-laws for its own government, provided they are not contrary to, nor inconsistent with, the general regulations of the Grand Lodge; nor the landmarks of the order.[45] But these bye-laws will not be valid, until they are submitted to and approved by the Grand Lodge. And this is the case, also, with every subsequent alteration of them, which must in like manner be submitted to the Grand Lodge for its approval.
A lodge has the right of suspending or excluding a member from his membership in the lodge; but it has no power to expel him from the rights and privileges of Masonry, except with the consent of the Grand Lodge. A subordinate lodge tries its delinquent member, and, if guilty, declares him expelled; but the sentence is of no force until the Grand Lodge, under whose jurisdiction it is working, has confirmed it. And it is optional with the Grand Lodge to do so, or, as is frequently done, to reverse the decision and reinstate the Brother. Some of the lodges in this country claim the right to expel, independently of the action of the Grand Lodge; but the claim is not valid. The very fact that an expulsion is a penalty, affecting the general relations of the punished party with the whole fraternity, proves that its exercise never could, with propriety, be intrusted to a body so circumscribed in its authority as a subordinate lodge. Accordingly, the general practice of the fraternity is opposed to it; and therefore all expulsions are reported to the Grand Lodge, not merely as matters of information, but that they may be confirmed by that body. The English Constitutions are explicit on this subject. “In the Grand Lodge alone,” they declare, “resides the power of erasing lodges and expelling Brethren from the craft, a power which it ought not to delegate to any subordinate authority in England.” They allow, however, a subordinate lodge to _exclude_ a member from the lodge; in which case he is furnished with a certificate of the circumstances of his exclusion, and then may join any other lodge that will accept him, after being made acquainted with the fact of his exclusion, and its cause. This usage has not been adopted in this country.
A lodge has a right to levy such annual contribution for membership as the majority of the Brethren see fit. This is entirely a matter of contract, with which the Grand Lodge, or the craft in general, have nothing to do. It is, indeed, a modern usage, unknown to the fraternity of former times, and was instituted for the convenience and support of the private lodges.
A lodge is entitled to select a name for itself, to be, however, approved by the Grand Lodge.[46] But the Grand Lodge alone has the power of designating the number by which the lodge shall be distinguished. By its number alone is every lodge recognized in the register of the Grand Lodge, and according to their numbers is the precedence of the lodges regulated.
Finally, a lodge has certain rights in relation to its Warrant of Constitution. This instrument having been granted by the Grand Lodge, can be revoked by no other authority. The Grand Master, therefore, has no power, as he has in the case of a lodge under dispensation, to withdraw its Warrant, except temporarily, until the next meeting of the Grand Lodge. Nor is it in the power of even the majority of the lodge, by any act of their own, to resign the Warrant. For it has been laid down as a law, that if the majority of the lodge should determine to quit the lodge, or to resign their warrant, such action would be of no efficacy, because the Warrant of Constitution, and the power of assembling, would remain with the rest of the members, who adhere to their allegiance.[47] But if all the members withdraw themselves, their Warrant ceases and becomes extinct. If the conduct of a lodge has been such as clearly to forfeit its charter, the Grand Lodge alone can decide that question and pronounce the forfeiture.
Section II.
_Of the Duties of a Lodge._
So far in relation to the rights and privileges of subordinate lodges. But there are certain duties and obligations equally binding upon these bodies, and certain powers, in the exercise of which they are restricted. These will next engage our attention.
The first great duty, not only of every lodge, but of every Mason, is to see that the landmarks of the Order shall never be impaired. The General Regulations of Masonry–to which every Master, at his installation, is bound to acknowledge his submission–declare that “it is not in the power of any man, or body of men, to make innovations in the body of Masonry.” And, hence, no lodge, without violating all the implied and express obligations into which it has entered, can, in any manner, alter or amend the work, lectures, and ceremonies of the institution. As its members have received the ritual from their predecessors, so are they bound to transmit it, unchanged, in the slightest degree, to their successors. In the Grand Lodge, alone, resides the power of enacting new regulations; but, even _it_ must be careful that, in every such regulation, the landmarks are preserved. When, therefore, we hear young and inexperienced Masters speak of making improvements (as they arrogantly call them) upon the old lectures or ceremonies, we may be sure that such Masters either know nothing of the duties they owe to the craft, or are willfully forgetful of the solemn obligation which they have contracted. Some may suppose that the ancient ritual of the Order is imperfect, and requires amendment. One may think that the ceremonies are too simple, and wish to increase them; another, that they are too complicated, and desire to simplify them; one may be displeased with the antiquated language; another, with the character of the traditions; a third, with something else. But, the rule is imperative and absolute, that no change can or must be made to gratify individual taste. As the Barons of England, once, with unanimous voice, exclaimed, “Nolumus leges Angliae mutare!” so do all good Masons respond to every attempt at innovation, “We are unwilling to alter the customs of Freemasonry.”
In relation to the election of officers, a subordinate lodge is allowed to exercise no discretion. The names and duties of these officers are prescribed, partly by the landmarks or the ancient constitutions, and partly by the regulations of various Grand Lodges. While the landmarks are preserved, a Grand Lodge may add to the list of officers as it pleases; and whatever may be its regulation, the subordinate lodges are bound to obey it; nor can any such lodge create new offices nor abolish old ones without the consent of the Grand Lodge.
Lodges are also bound to elect their officers at a time which is always determined; not by the subordinate, but by the Grand Lodge. Nor can a lodge anticipate or postpone it unless by a dispensation from the Grand Master.
No lodge can, at an extra meeting, alter or amend the proceedings of a regular meeting. If such were not the rule, an unworthy Master might, by stealth, convoke an extra meeting of a part of his lodge, and, by expunging or altering the proceedings of the previous regular meeting, or any particular part of them, annul any measures or resolutions that were not consonant with his peculiar views.
No lodge can interfere with the work or business of any other lodge, without its permission. This is an old regulation, founded on those principles of comity and brotherly love that should exist among all Masons. It is declared in the manuscript charges, written in the reign of James II., and in the possession of the Lodge of Antiquity, at London, that “no Master or Fellow shall supplant others of their work; that is to say, that, if he hath taken a work, or else stand Master of any work, that he shall not put him out, unless he be unable of cunning to make an end of his work.” And, hence, no lodge can pass or raise a candidate who was initiated, or initiate one who was rejected, in another lodge. “It would be highly improper,” says the Ahiman Rezon, “in any lodge, to confer a degree on a Brother who is not of their house-hold; for, every lodge ought to be competent to manage their own business, and are the best judges of the qualifications of their own members.”
I do not intend, at the present time, to investigate the qualifications of candidates–as that subject will, in itself, afford ample materials for a future investigation; but, it is necessary that I should say something of the restrictions under which every lodge labors in respect to the admission of persons applying for degrees.
In the first place, no lodge can initiate a candidate, “without previous notice, and due examination into his character; and not unless his petition has been read at one regular meeting and acted on at another.” This is in accordance with the ancient regulations; but, an exception to it is allowed in the case of an emergency, when the lodge may read the petition for admission, and, if the applicant is well recommended, may proceed at once to elect and initiate him. In some jurisdictions, the nature of the emergency must be stated to the Grand Master, who, if he approves, will grant a dispensation; but, in others, the Master, or Master and Wardens, are permitted to be competent judges, and may proceed to elect and initiate, without such dispensation. The Grand Lodge of South Carolina adheres to the former custom, and that of England to the latter.
Another regulation is, that no lodge can confer more than two degrees, at one communication, on the same candidate. The Grand Lodge of England is still more stringent on this subject, and declares that “no candidate shall be permitted to receive more than one degree, on the same day; nor shall a higher degree in Masonry be conferred on any Brother at a less interval than four weeks from his receiving a previous degree, nor until he has passed an examination, in open lodge, in that degree.” This rule is also in force in South Carolina and several other of the American jurisdictions. But, the law which forbids the whole three degrees of Ancient Craft Masonry to be conferred, at the same communication, on one candidate, is universal in its application, and, as such, may be deemed one of the ancient landmarks of the Order.
There is another rule, which seems to be of universal extent, and is, indeed, contained in the General Regulations of 1767, to the following effect: “No lodge shall make more than five new Brothers at one and the same time, without an urgent necessity.”
All lodges are bound to hold their meetings at least once in every calendar month; and every lodge neglecting so to do for one year, thereby forfeits its warrant of constitution.
The subject of the removal of lodges is the last thing that shall engage our attention. Here the ancient regulations of the craft have adopted many guards to prevent the capricious or improper removal of a lodge from its regular place of meeting. In the first place, no lodge can be removed from the town in which it is situated, to any other place, without the consent of the Grand Lodge. But, a lodge may remove from one part of the town to another, with the consent of the members, under the following restrictions: The removal cannot be made without the Master’s knowledge; nor can any motion, for that purpose, be presented in his absence. When such a motion is made, and properly seconded, the Master will order summonses to every member, specifying the business, and appointing a day for considering and determining the affair. And if then a majority of the lodge, with the Master, or two-thirds, without him, consent to the removal, it shall take place; but notice thereof must be sent, at once, to the Grand Lodge. The General Regulations of 1767 further declare, that such removal must be approved by the Grand Master. I suppose that where the removal of the lodge was only a matter of convenience to the members, the Grand Lodge would hardly interfere, but leave the whole subject to their discretion; but, where the removal would be calculated to affect the interests of the lodge, or of the fraternity–as in the case of a removal to a house of bad reputation, or to a place of evident insecurity–I have no doubt that the Grand Lodge, as the conservator of the character and safety of the institution, would have a right to interpose its authority, and prevent the improper removal.
I have thus treated, as concisely as the important nature of the subjects would permit, of the powers, privileges, duties, and obligations of lodges, and have endeavored to embrace, within the limits of the discussion, all those prominent principles of the Order, which, as they affect the character and operations of the craft in their primary assemblies, may properly be referred to the Law of Subordinate Lodges.
Chapter IV.
Of the Officers of a Subordinate Lodge.
Section I.
_Of the Officers in General._
Four officers, at least, the ancient customs of the craft require in every lodge; and they are consequently found throughout the globe. These are the Master, the two Wardens, and the Tiler. Almost equally universal are the offices of Treasurer, Secretary, and two Deacons. But, besides these, there may be additional officers appointed by different Grand Lodges. The Grand Lodge of England, for instance, requires the appointment of an officer, called the “Inner Guard.” The Grand Orient of France has prescribed a variety of officers, which are unknown to English and American Masonry. The Grand Lodges of England and South Carolina direct that two Stewards shall be appointed, while some other Grand Lodges make no such requisition. Ancient usage seems to have recognized the following officers of a subordinate lodge: the Master, two Wardens, Treasurer, Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore treat of the duties and powers of these officers only, in the course of the present chapter.
The officers of a lodge are elected annually. In this country, the election takes place on the festival of St. John the Evangelist, or at the meeting immediately previous; but, in this latter case, the duties of the offices do not commence until St. John’s day, which may, therefore, be considered as the beginning of the masonic year.
Dalcho lays down the rule, that “no Freemason chosen into any office can refuse to serve (unless he has before filled the same office), without incurring the penalties established by the bye-laws.” Undoubtedly a lodge may enact such a regulation, and affix any reasonable penalty; but I am not aware of any ancient regulation which makes it incumbent on subordinate lodges to do so.
If any of the subordinate officers, except the Master and Wardens, die, or be removed from office, during the year, the lodge may, under the authority of a dispensation from the Grand Master, enter into an election to supply the vacancy. But in the case of the death or removal of the Master or either of the Wardens, no election can be held to supply the vacancy, even by dispensation, for reasons which will appear when I come to treat of those offices.
No officer can resign his office after he has been installed. Every officer is elected for twelve months, and at his installation solemnly promises to perform the duties of that office until the next regular day of election; and hence the lodge cannot permit him, by a resignation, to violate his obligation of office.
Another rule is, that every officer holds on to his office until his successor has been installed. It is the installation, and not the election, which puts an officer into possession; and the faithful management of the affairs of Masonry requires, that between the election and installation of his successor, the predecessor shall not vacate the office, but continue to discharge its duties.
An office can be vacated only by death, permanent removal from the jurisdiction, or expulsion. Suspension does not vacate, but only suspends the performance of the duties of the office, which must then be temporarily discharged by some other person, to be appointed from time to time; for, as soon as the suspended officer is restored, he resumes the dignities and duties of his office.
Section II.
_Of the Worshipful Master._
This is probably the most important office in the whole system of Masonry, as, upon the intelligence, skill, and fidelity of the Masters of our lodges, the entire institution is dependent for its prosperity. It is an office which is charged with heavy responsibilities, and, as a just consequence, is accompanied by the investiture of many important powers.
A necessary qualification of the Master of a lodge is, that he must have previously served in the office of a Warden.[48] This qualification is sometimes dispensed with in the case of new lodges, or where no member of an old lodge, who has served as a Warden, will accept the office of Master. But it is not necessary that he should have served as a Warden in the lodge of which he is proposed to be elected Master. The discharge of the duties of a Warden, by regular election and installation in any other lodge, and at any former period, will be a sufficient qualification.
One of the most important duties of the Master of a lodge is, to see that the edicts and regulations of the Grand Lodge are obeyed by his Brethren, and that his officers faithfully discharge their duties.
The Master has particularly in charge the warrant of Constitution, which must always be present in his lodge, when opened.
The Master has a right to call a special meeting of his lodge whenever he pleases, and is the sole judge of any emergency which may require such special communication.
He has, also, the right of closing his lodge at any hour that he may deem expedient, notwithstanding the whole business of the evening may not have been transacted. This regulation arises from the unwritten law of Masonry. As the Master is responsible to the Grand Lodge for the fidelity of the work done in his lodge, and as the whole of the labor is, therefore, performed under his superintendence, it follows that, to enable him to discharge this responsibility, he must be invested with the power of commencing, of continuing, or of suspending labor at such time as he may, in his wisdom, deem to be the most advantageous to the edifice of Masonry.
It follows from this rule that a question of adjournment cannot be entertained in a lodge. The adoption of a resolution to adjourn, would involve the necessity of the Master to obey it. The power, therefore, of controlling the work, would be taken out of his hands and placed in those of the members, which would be in direct conflict with the duties imposed upon him by the ritual. The doctrine that a lodge cannot adjourn, but must be closed or called off at the pleasure of the Master, appears now to me to be very generally admitted.
The Master and his two Wardens constitute the representatives of the lodge in the Grand Lodge, and it is his duty to attend the communications of that body “on all convenient occasions.”[49] When there, he is faithfully to represent his lodge, and on all questions discussed, to obey its instructions, voting in every case rather against his own convictions than against the expressed wish of his lodge.
The Master presides not only over the symbolic work of the lodge, but also over its business deliberations, and in either case his decisions are reversible only by the Grand Lodge. There can be no appeal from his decision, on any question, to the lodge. He is supreme in his lodge, so far as the lodge is concerned, being amenable for his conduct in the government of it, not to its members, but to the Grrand Lodge alone. If an appeal were proposed, it would be his duty, for the preservation of discipline, to refuse to put the question. If a member is aggrieved by the conduct or decisions of the Master, he has his redress by an appeal to the Grrand Lodge, which will, of course, see that the Master does not rule his lodge “in an unjust or arbitrary manner.” But such a thing as an appeal from the Master of the lodge to its members is unknown in Masonry.
This may, at first sight, appear to be giving too despotic power to the Master. But a slight reflection will convince any one that there can be but little danger of oppression from one so guarded and controlled as a Master is, by the sacred obligations of his office, and the supervision of the Grand Lodge, while the placing in the hands of the craft so powerful, and at times, and with bad spirits, so annoying a privilege as that of immediate appeal, would necessarily tend to impair the energies and lessen the dignity of the Master, while it would be subversive of that spirit of discipline which pervades every part of the institution, and to which it is mainly indebted for its prosperity and perpetuity.
The ancient charges rehearsed at the installation of a Master, prescribe the various moral qualifications which are required in the aspirant for that elevated and responsible office. He is to be a good man, and peaceable citizen or subject, a respecter of the laws, and a lover of his Brethren–cultivating the social virtues and promoting the general good of society as well as of his own Order.
Within the last few years, the standard of intellectual qualifications has been greatly elevated. And it is now admitted that the Master of a lodge, to do justice to the exalted office which he holds, to the craft over whom he presides, and to the candidates whom he is to instruct, should be not only a man of irreproachable moral character, but also of expanded intellect and liberal education. Still, as there is no express law upon this subject, the selection of a Master and the determination of his qualifications must be left to the judgment and good sense of the members.
Section III.
_Of the Wardens._
The Senior and Junior Warden are the assistants of the Master in the government of the lodge. They are selected from among the members on the floor, the possession of a previous office not being, as in the case of the Master, a necessary qualification for election. In England they are appointed by the Master, but in this country they are universally elected by the lodge.
During the temporary absence of the Master the Senior Warden has the right of presiding, though he may, and often does by courtesy, invite a Past Master to assume the chair. In like manner, in the absence of both Master and Senior Warden, the Junior Warden will preside, and competent Brethren will by him be appointed to fill the vacant seats of the Wardens. But if the Master and Junior Warden be present, and the Senior Warden be absent, the Junior Warden does not occupy the West, but retains his own station, the Master appointing some Brother to occupy the station of the Senior Warden. For the Junior Warden succeeds by law only to the office of Master, and, unless that office be vacant, he is bound to fulfill the duties of the office to which he has been obligated.
In case of the death, removal from the jurisdiction, or expulsion of the Master, by the Grand Lodge, no election can be held until the constitutional period. The Senior Warden will take the Master’s place and preside over the lodge, while his seat will be temporarily filled from time to time by appointment. The Senior Warden being in fact still in existence, and only discharging one of the highest duties of his office, that of presiding in the absence of the Master, his office cannot be declared vacant and there can be no election for it. In such case, the Junior Warden, for the reason already assigned, will continue at his own station in the South.
In case of the death, removal, or expulsion of both Master and Senior Warden, the Junior Warden will discharge the duties of the Mastership and make temporary appointments of both Wardens. It must always be remembered that the Wardens succeed according to seniority to the office of Master when vacant, but that neither can legally discharge the duties of the other. It must also be remembered that when a Warden succeeds to the government of the lodge, he does not become the Master; he is still only a Warden discharging the functions of a higher vacated station, as one of the expressed duties of his own office. A recollection of these distinctions will enable us to avoid much embarrassment in the consideration of all the questions incident to this subject. If the Master be present, the Wardens assist him in the government of the lodge. The Senior Warden presides over the craft while at labor, and the Junior when they are in refreshment. Formerly the examination of visitors was intrusted to the Junior Warden, but this duty is now more appropriately performed by the Stewards or a special committee appointed for that purpose.
The Senior Warden has the appointment of the Senior Deacon, and the Junior Warden that of the Stewards.
Section IV.
_Of the Treasurer._
Of so much importance is this office deemed, that in English Lodges, while all the other officers are appointed by the Master, the Treasurer alone is elected by the lodge. It is, however, singular, that in the ritual of installation, Preston furnishes no address to the Treasurer on his investiture. Webb, however, has supplied the omission, and the charge given in his work to this officer, on the night of his installation, having been universally acknowledged and adopted by the craft in this country, will furnish us with the most important points of the law in relation to his duties.
It is, then, in the first place, the duty of the Treasurer “to receive all moneys from the hands of the Secretary.” The Treasurer is only the banker of the lodge. All fees for initiation, arrearages of members, and all other dues to the lodge, should be first received by the Secretary, and paid immediately over to the Treasurer for safe keeping.
The keeping of just and regular accounts is another duty presented to the Treasurer. As soon as he has received an amount of money from the Secretary, he should transfer the account of it to his books. By this means, the Secretary and Treasurer become mutual checks upon each other, and the safety of the funds of the lodge is secured.
The Treasurer is not only the banker, but also the disbursing officer of the lodge; but he is directed to pay no money except with the consent of the lodge and on the order of the Worshipful Master. It seems to me, therefore, that every warrant drawn on him should be signed by the Master, and the action of the lodge attested by the counter-signature of the Secretary.
It is usual, in consequence of the great responsibility of the Treasurer, to select some Brother of worldly substance for the office; and still further to insure the safety of the funds, by exacting from him a bond, with sufficient security. He sometimes receives a per centage, or a fixed salary, for his services.
Section V.
_Of the Secretary._
It is the duty of the Secretary to record all the proceedings of the lodge, “which may be committed to paper;” to conduct the correspondence of the lodge, and to receive all moneys due the lodge from any source whatsoever. He is, therefore, the recording, corresponding, and receiving officer of the lodge. By receiving the moneys due to the lodge in the first place, and then paying them over to the Treasurer, he becomes, as I have already observed, a check upon that officer.
In view of the many laborious duties which devolve upon him, the Secretary, in many lodges, receives a compensation for his services.
Should the Treasurer or Secretary die or be expelled, there is no doubt that an election for a successor, to fill the unexpired term, may be held by dispensation from the Grand Master. But the incompetency of either of these officers to perform his duties, by reason of the infirmity of sickness or removal from the seat of the lodge, will not, I think, authorize such an election. Because the original officer may recover from his infirmity, or return to his residence, and, in either case, having been elected and installed for one year, he must remain the Secretary or Treasurer until the expiration of the period for which he had been so elected and installed, and, therefore, on his recovery or his return, is entitled to resume all the prerogatives and functions of his office. The case of death, or of expulsion, which is, in fact, masonic death, is different, because all the rights possessed during life cease _ex necessitate rei_, and forever lapse at the time of the said physical or masonic death; and in the latter case, a restoration to all the rights and privileges of Masonry would not restore the party to any office which he had held at the time of his expulsion.
Section VI.
_Of the Deacons._
In every lodge there are two of these officers–a Senior and a Junior Deacon. They are not elected, but appointed; the former by the Master, and the latter by the Senior Warden.
The duties of these officers are many and important; but they are so well defined in the ritual as to require no further consideration in this place.
The only question that here invites our examination is, whether the Deacons, as appointed officers, are removable at the pleasure of the officers who appointed them; or, whether they retain their offices, like the Master and Wardens, until the expiration of the year. Masonic authorities are silent on this subject; but, basing my judgment upon analogy, I am inclined to think that they are not removable: all the officers of a lodge are chosen to serve for one year, or, from one festival of St. John the Evangelist to the succeeding one. This has been the invariable usage in all lodges, and neither in the monitorial ceremonies of installation, nor in any rules or regulations which I have seen, is any exception to this usage made in respect to Deacons. The written as well as the oral law of Masonry being silent on this subject, we are bound to give them the benefit of this silence, and place them in the same favorable position as that occupied by the superior officers, who, we know, by express law are entitled to occupy their stations for one year. Moreover, the power of removal is too important to be exercised except under the sanction of an expressed law, and is contrary to the whole spirit of Masonry, which, while it invests a presiding officer with the largest extent of prerogative, is equally careful of the rights of the youngest member of the fraternity.
From these reasons I am compelled to believe that the Deacons, although originally appointed by the Master and Senior Warden, are not removable by either, but retain their offices until the expiration of the year.
Section VII.
_Of the Stewards._
The Stewards, who are two in number, are appointed by the Junior Warden, and sit on the right and left of him in the lodge. Their original duties were, “to assist in the collection of dues and subscriptions; to keep an account of the lodge expenses; to see that the tables are properly furnished at refreshment, and that every Brother is suitably provided for.” They are also considered as the assistants of the Deacons in the discharge of their duties, and, lately, some lodges are beginning to confide to them the important trusts of a standing committee for the examination of visitors and the preparation of candidates.
What has been said in relation to the removal of the Deacons in the preceding section, is equally applicable to the Stewards.
Section VIII.
_Of the Tiler._
This is an office of great importance, and must, from the peculiar nature of our institution, have existed from its very beginning. No lodge could ever have been opened until a Tiler was appointed, and stationed to guard its portals from the approach of “cowans and eavesdroppers.” The qualifications requisite for the office of a Tiler are, that he must be “a worthy Master Mason.” An Entered Apprentice, or a Fellow Craft, cannot tile a lodge, even though it be opened in his own degree. To none but Master Masons can this important duty of guardianship be intrusted. The Tiler is not necessarily a member of the lodge which he tiles. There is no regulation requiring this qualification. In fact, in large cities, one Brother often acts as the Tiler of several lodges. If, however, he is a member of the lodge, his office does not deprive him of the rights of membership, and in ballotings for candidates, election of officers, or other important questions, he is entitled to exercise his privilege of voting, in which case the Junior Deacon will temporarily occupy his station, while he enters the lodge to deposit his ballot. This appears to be the general usage of the craft in this country.
The Tiler is sometimes elected by the lodge, and sometimes appointed by the Master. It seems generally to be admitted that he may be removed from office for misconduct or neglect of duty, by the lodge, if he has been elected, and by the Master, if he has been appointed.
Chapter V.
Of Rules of Order.
The safety of the minority, the preservation of harmony, and the dispatch of business, all require that there should be, in every well-regulated society, some rules and forms for the government of their proceedings, and, as has been justly observed by an able writer on parliamentary law, “whether these forms be in all cases the most rational or not, is really not of so great importance; for it is much more material that there should be a rule to go by, than what that rule is.”[50] By common consent, the rules established for the government of Parliament in England, and of Congress in the United States, and which are known collectively under the name of “Parliamentary Law,” have been adopted for the regulation of all deliberative bodies, whether of a public or private nature. But lodges of Freemasons differ so much in their organization and character from other societies, that this law will, in very few cases, be found applicable; and, indeed, in many positively inapplicable to them. The rules, therefore, for the government of masonic lodges are in general to be deduced from the usages of the Order, from traditional or written authority, and where both of them are silent, from analogy to the character of the institution. To each of these sources, therefore, I shall apply, in the course of the present chapter, and in some few instances, where the parliamentary law coincides with our own, reference will be made to the authority of the best writers on that science.
Section I.
_Of the Order of Business._
When the Brethren have been “congregated,” or called together by the presiding officer, the first thing to be attended to is the ceremony of opening the lodge. The consideration of this subject, as it is sufficiently detailed in our ritual, will form no part of the present work.
The lodge having been opened, the next thing to be attended to is the reading of the minutes of the last communication. The minutes having been read, the presiding officer will put the question on their confirmation, having first inquired of the Senior and Junior Wardens, and lastly of the Brethren “around the lodge,” whether they have any alterations to propose. It must be borne in mind, that the question of confirmation is simply a question whether the Secretary has faithfully and correctly recorded the transactions of the lodge. If, therefore, it can be satisfactorily shown by any one that there is a mis-entry, or the omission of an entry, this is the time to correct it; and where the matter is of sufficient importance, and the recording officer, or any member disputes the charge of error, the vote of the lodge will be taken on the subject, and the journal will be amended or remain as written, according to the opinion so expressed by the majority of the members. As this is, however, a mere question of memory, it must be apparent that those members only who were present at the previous communication, the records of which are under examination, are qualified to express a fair opinion. All others should ask and be permitted to be excused from voting.
As no special communication can alter or amend the proceedings of a regular one, it is not deemed necessary to present the records of the latter to the inspection of the former. This preliminary reading of the minutes is, therefore, always omitted at special communications.
After the reading of the minutes, unfinished business, such as motions previously submitted and reports of committees previously appointed, will take the preference of all other matters. Special communications being called for the consideration of some special subject, that subject must of course claim the priority of consideration over all others.
In like manner, where any business has been specially and specifically postponed to another communication, it constitutes at that communication what is called, in parliamentary law, “the order of the day,” and may at any time in the course of the evening be called up, to the exclusion of all other business.
The lodge may, however, at its discretion, refuse to take up the consideration of such order; for the same body which determined at one time to consider a question, may at another time refuse to do so. This is one of those instances in which parliamentary usage is applicable to the government of a lodge. Jefferson says: “Where an order is made, that any particular matter be taken up on any particular day, there a question is to be put, when it is called for, Whether the house will now proceed to that matter?” In a lodge, however, it is not the usage to propose such a question, but the matter being called up, is discussed and acted on, unless some Brother moves its postponement, when the question of postponement is put.
But with these exceptions, the unfinished business must first be disposed of, to avoid its accumulation and its possible subsequent neglect.[51]
New business will then be taken up in such order as the local bye-laws prescribe, or the wisdom of the Worshipful Master may suggest.
In a discussion, when any member wishes to speak, he must stand up in his place, and address himself not to the lodge, nor to any particular Brother, but to the presiding officer, styling him “Worshipful.”
When two or more members rise nearly together, the presiding officer determines who is entitled to speak, and calls him by his name, whereupon he proceeds, unless he voluntarily sits down, and gives way to the other. The ordinary rules of courtesy, which should govern a masonic body above all other societies, as well as the general usage of deliberative bodies, require that the one first up should be entitled to the floor. But the decision of this fact is left entirely to the Master, or presiding officer.
Whether a member be entitled to speak once or twice to the same question, is left to the regulation of the local bye-laws of every lodge. But, under all circumstances, it seems to be conceded, that a member may rise at any time with the permission of the presiding officer, or for the purpose of explanation.
A member may be called to order by any other while speaking, for the use of any indecorous remark, personal allusion, or irrelevant matter; but this must be done in a courteous and conciliatory manner, and the question of order will at once be decided by the presiding officer.
No Brother is to be interrupted while speaking, except for the purpose of calling him to order, or to make a necessary explanation; nor are any separate conversations, or, as they are called in our ancient charges, “private committees,” to be allowed.
Every member of the Order is, in the course of the debate as well as at all other times in the lodge, to be addressed by the title of “Brother,” and no secular or worldly titles are ever to be used.
In accordance with the principles of justice, the parliamentary usage is adopted, which permits the mover of a resolution to make the concluding speech, that he may reply to all those who have spoken against it, and sum up the arguments in its favor. And it would be a breach of order as well as of courtesy for any of his opponents to respond to this final argument of the mover.
It is within the discretion of the Master, at any time in the course of the evening, to suspend the business of the lodge for the purpose of proceeding to the ceremony of initiation, for the “work” of Masonry, as it is technically called, takes precedence of all other business.
When all business, both old and new, and the initiation of candidates, if there be any, has been disposed of, the presiding officer inquires of the officers and members if there be anything more to be proposed before closing. Custom has prescribed a formulary for making this inquiry, which is in the following words.
The Worshipful Master, addressing the Senior and Junior Wardens and then the Brethren, successively, says: “Brother Senior, have you anything to offer in the West for the good of Masonry in general or of this lodge in particular? Anything in the South, Brother Junior? Around the lodge, Brethren?” The answers to these inquiries being in the negative on the part of the Wardens, and silence on that of the craft, the Master proceeds to close the lodge in the manner prescribed in the ritual.
The reading of the minutes of the evening, not for confirmation, but for suggestion, lest anything may have been omitted, should always precede the closing ceremonies, unless, from the lateness of the hour, it be dispensed with by the members.
Section II.
_Of Appeals from the Decision of the Chair._
Freemasonry differs from all other institutions, in permitting no appeal to the lodge from the decision of the presiding officer. The Master is supreme in his lodge, so far as the lodge is concerned. He is amenable for his conduct, in the government of the lodge, not to its members, but to the Grand Lodge alone. In deciding points of order as well as graver matters, no appeal can be taken from that decision to the lodge. If an appeal were proposed, it would be his duty, for the preservation of discipline, to refuse to put the question. It is, in fact, wrong that the Master should even by courtesy permit such an appeal to be taken; because, as the Committee of Correspondence of the Grand Lodge of Tennessee have wisely remarked, by the admission of such appeals by _courtesy_, “is established ultimately a precedent from which will be claimed _the right to take_ appeals.”[52] If a member is aggrieved with the conduct or the decisions of the Master, he has his redress by an appeal to the Grand Lodge, which will of course see that the Master does not rule his lodge “in an unjust or arbitrary manner.” But such a thing as an appeal from the Master to the lodge is unknown in Masonry.
This, at first view, may appear to be giving too despotic a power to the Master. But a little reflection will convince any one that there can be but slight danger of oppression from one so guarded and controlled as the Master is by the obligations of his office and the superintendence of the Grand Lodge, while the placing in the hands of the craft so powerful, and, with bad spirits, so annoying a privilege as that of immediate appeal, would necessarily tend to impair the energies and lessen the dignity of the Master, at the same time that it would be totally subversive of that spirit of strict discipline which pervades every part of the institution, and to which it is mainly indebted for its prosperity and perpetuity.
In every case where a member supposes himself to be aggrieved by the decision of the Master, he should make his appeal to the Grand Lodge.
It is scarcely necessary to add, that a Warden or Past Master, presiding in the absence of the Master, assumes for the time all the rights and prerogatives of the Master.
Section III.
_Of the Mode of Taking the Question._
The question in Masonry is not taken _viva voce_ or by “aye” and “nay.” This should always be done by “a show of hands.” The regulation on this subject was adopted not later than the year 1754, at which time the Book of Constitutions was revised, “and the necessary alterations and additions made, consistent with the laws and rules of Masonry,” and accordingly, in the edition published in the following year, the regulation is laid down in these words–“The opinions or votes of the members are always to be signified by each holding up one of his hands: which uplifted hands the Grand Wardens are to count; unless the number of hands be so unequal as to render the counting useless. Nor should any other kind of division be ever admitted among Masons.”[53]
Calling for the yeas and nays has been almost universally condemned as an unmasonic practice, nor should any Master allow it to be resorted to in his lodge.
Moving the “previous question,” a parliamentary invention for stopping all discussion, is still more at variance with the liberal and harmonious spirit which should distinguish masonic debates, and is, therefore, never to be permitted in a lodge.
Section IV.
_Of Adjournments._
Adjournment is a term not recognized in Masonry. There are but two ways in which the communication of a lodge can be terminated; and these are either by _closing_ the lodge, or by _calling from labor to refreshment_. In the former case the business of the communication is finally disposed of until the next communication; in the latter the lodge is still supposed to be open and may resume its labors at any time indicated by the Master.
But both the time of closing the lodge and of calling it from labor to refreshment is to be determined by the absolute will and the free judgment of the Worshipful Master, to whom alone is intrusted the care of “setting the craft to work, and giving them wholesome instruction for labor.” He alone is responsible to the Grand Master and the Grand Lodge, that his lodge shall be opened, continued, and closed in harmony; and as it is by his “will and pleasure” only that it is opened, so is it by his “will and pleasure” only that it can be closed. Any attempt, therefore, on the part of the lodge to entertain a motion for adjournment would be an infringement of this prerogative of the Master. Such a motion is, therefore, always out of order, and cannot be; and cannot be acted on.
The rule that a lodge cannot adjourn, but remain in session until closed by the Master, derives an authoritative sanction also from the following clause in the fifth of the Old Charges.
“All Masons employed shall meekly receive their wages without murmuring or mutiny, _and not desert the Master till the work is finished_.”
Section V.
_Of the Appointment of Committees._
It is the prerogative of the Master to appoint all Committees, unless by a special resolution provision has been made that a committee shall otherwise be appointed.
The Master is also, _ex officio_, chairman of every committee which he chooses to attend, although he may not originally have been named a member of such committee. But he may, if he chooses, waive this privilege; yet he may, at any time during the session of the committee, reassume his inherent prerogative of governing the craft at all times when in his presence, and therefore take the chair.
Section VI.
_Of the Mode of Keeping the Minutes._
Masonry is preeminently an institution of forms, and hence, as was to be expected, there is a particular form provided for recording the proceedings of a lodge. Perhaps the best method of communicating this form to the reader will be, to record the proceedings of a supposititious meeting or communication.
The following form, therefore, embraces the most important transactions that usually occur during the session of a lodge, and it may serve as an exemplar, for the use of secretaries.
“A regular communication of —- Lodge, NO. —-, was holden at —-; on —-, the —- day of —-A.: L.: 58–.
Present.
Bro.: A. B—-, W.: Master.
” B. C—-, S.: Warden.
” C. D—-, J.: Warden.
” D. E—-, Treasurer.
” E. F—-, Secretary.
” F. G—-, S.: Deacon.
” G. H—-, J.: Deacon.
” H. I—-, } Stewards.
” I. K—-, }
” K. L—-, Tiler.
_Members._
Bro.: L. M—-
M. N—-
N. O—-
O. P—-
_Visitors._
P. Q—-
Q. R—-
R. S—-
S. T—-
The Lodge was opened in due form on the third degree of Masonry.
“The minutes of the regular communication of —- were read and confirmed.[54]
“The committee on the petition of Mr. C. B., a candidate for initiation, reported favorably, whereupon he was balloted for and duly elected.
“The committee on the application of Mr. D. C., a candidate for initiation, reported favorably, whereupon he was balloted for, and the box appearing foul he was rejected.
“The committee on the application of Mr. E. D., a candidate for initiation, having reported unfavorably, he was declared rejected without a ballot.
“The petition of Mr. F. E., a candidate for initiation, having been withdrawn by his friends, he was declared rejected without a ballot.
“A petition for initiation from Mr. G.F., inclosing the usual amount and recommended by Bros. C. D.—- and H. I.—-, was referred to a committee of investigation consisting of Bros. G. H.—-, L. M.—-, and O. P.—-.
“Bro. S.R., an Entered Apprentice, having applied for advancement, was duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, was, on his application for advancement, duly elected to take the third degree.
“A letter was read from Mrs. T. V.—-, the widow of a Master Mason, when the sum of twenty dollars was voted for her relief.
“The amendment to article 10, section 5 of the bye-laws, proposed by Bro. M. N. —- at the communication of —-, was read a third time, adopted by a constitutional majority and ordered to be sent to the Grand Lodge for approval and confirmation.
“The Lodge of Master Masons was then closed, and a lodge of Entered Apprentices opened in due form.
“Mr. C. B., a candidate for initiation, being in waiting, was duly prepared, brought forward and initiated as an Entered Apprentice, he paying the usual fee.
“The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow Crafts opened in due form.
“Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, brought forward and passed to the degree of a Fellow Craft, he paying the usual fee.
“The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons opened in due form.
“Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought forward and raised to the sublime degree of a Master Mason, he paying the usual fee.
Amount received this evening, as follows:
Petition of Mr. G. F., $5
Fee of Bro. C. B., 5
do. of Bro. S. R., 5
do. of Bro. W. Y., 5–Total, $20
all of which was paid over to the Treasurer.
There being no further business, the lodge was closed in due form and harmony.
E. F—-,
_Secretary._
Such is the form which has been adopted as the most convenient mode of recording the transactions of a lodge. These minutes must be read, at the close of the meeting, that the Brethren may suggest any necessary alterations or additions, and then at the beginning of the next regular meeting, that they may be confirmed, after which they should be transcribed from the rough Minute Book in which they were first entered into the permanent Record Book of the lodge.
Book Third.
The Law Of Individuals.
Passing from the consideration of the law, which refers to Masons in their congregated masses, as the constituents of Grand and Subordinate Lodges, I next approach the discussion of the law which governs, them in their individual capacity, whether in the inception of their masonic life, as candidates for initiation, or in their gradual progress through each of the three degrees, for it will be found that a Mason, as he assumes new and additional obligations, and is presented with increased light, contracts new duties, and is invested with new prerogatives and privileges.
Chapter I.
Of the Qualifications of Candidates.
The qualifications of a candidate for initiation into the mysteries of Freemasonry, are four-fold in their character–moral, physical, intellectual and political.
The moral character is intended to secure the respectability of the Order, because, by the worthiness of its candidates, their virtuous deportment, and good reputation, will the character of the institution be judged, while the admission of irreligious libertines and contemners of the moral law would necessarily impair its dignity and honor.
The physical qualifications of a candidate contribute to the utility of the Order, because he who is deficient in any of his limbs or members, and who is not in the possession of all his natural senses and endowments, is unable to perform, with pleasure to himself or credit to the fraternity, those peculiar labors in which all should take an equal part. He thus becomes a drone in the hive, and so far impairs the usefulness of the lodge, as “a place where Freemasons assemble to work, and to instruct and improve themselves in the mysteries of their ancient science.”
The intellectual qualifications refer to the security of the Order; because they require that its mysteries shall be confided only to those whose mental developments are such as to enable them properly to appreciate, and faithfully to preserve from imposition, the secrets thus entrusted to them. It is evident, for instance, that an idiot could neither understand the hidden doctrines that might be communicated to him, nor could he so secure such portions as he might remember, in the “depositary of his heart,” as to prevent the designing knave from worming them out of him; for, as the wise Solomon has said, “a fool’s mouth is his destruction, and his lips are the snare of his soul.”
The political qualifications are intended to maintain the independence of the Order; because its obligations and privileges are thus confided only to those who, from their position in society, are capable of obeying the one, and of exercising the other without the danger of let or hindrance from superior authority.
Of the moral, physical and political qualifications of a candidate there can be no doubt, as they are distinctly laid down in the ancient charges and constitutions. The intellectual are not so readily decided.
These four-fold qualifications may be briefly summed up in the following axioms.
_Morally_, the candidate must be a man of irreproachable conduct, a believer in the existence of God, and living “under the tongue of good report.”
_Physically_, he must be a man of at least twenty-one years of age, upright in body, with the senses of a man, not deformed or dismembered, but with hale and entire limbs as a _man_ ought to be.
_Intellectually_, he must be a man in the full possession of his intellects, not so young that his mind shall not have been formed, nor so old that it shall have fallen into dotage; neither a fool, an idiot, nor a madman; and with so much education as to enable him to avail himself of the teachings of Masonry, and to cultivate at his leisure a knowledge of the principles and doctrines of our royal art.
_Politically_, he must be in the unrestrained enjoyment of his civil and personal liberty, and this, too, by the birthright of inheritance, and not by its subsequent acquisition, in consequence of his release from hereditary bondage.
The lodge which strictly demands these qualifications of its candidates may have fewer members than one less strict, but it will undoubtedly have better ones.
But the importance of the subject demands for each class of the qualifications a separate section, and a more extended consideration.
Section I.
_Of the Moral Qualifications of Candidates._
The old charges state, that “a Mason is obliged by his tenure to obey the moral law.” It is scarcely necessary to say, that the phrase, “moral law,” is a technical expression of theology, and refers to the Ten Commandments, which are so called, because they define the regulations necessary for the government of the morals and manners of men. The habitual violation of any one of these commands would seem, according to the spirit of the Ancient Constitutions, to disqualify a candidate for Masonry.
The same charges go on to say, in relation to the religious character of a Mason, that he should not be “a stupid atheist, nor an irreligious libertine.” A denier of the existence of a Supreme Architect of the Universe cannot, of course, be obligated as a Mason, and, accordingly, there is no landmark more certain than that which excludes every atheist from the Order.
The word “libertine” has, at this day, a meaning very different from what it bore when the old charges were compiled. It then signified what we now call a “free-thinker,” or disbeliever in the divine revelation of the Scriptures. This rule would therefore greatly abridge the universality and tolerance of the Institution, were it not for the following qualifying clause in the same instrument:–
“Though in ancient times Masons were charged in every country to be of the religion of that country or nation, whatever it was, yet it is now thought more expedient only to oblige them to that religion in which all men agree, leaving their particular opinions to themselves; that is, to be good men and true, or men of honor and honesty, by whatever denominations or persuasions they may be distinguished.”
The construction now given universally to the religious qualification of a candidate, is simply that he shall have a belief in the existence and superintending control of a Supreme Being.
These old charges from which we derive the whole of our doctrine as to the moral qualifications of a candidate, further prescribe as to the political relations of a Mason, that he is to be “a peaceable subject to the civil powers, wherever he resides or works, and is never to be concerned in plots and conspiracies against the peace and welfare of the nation, nor to behave himself undutifully to inferior magistrates. He is cheerfully to conform to every lawful authority; to uphold on every occasion the interest of the community, and zealously promote the prosperity of his own country.”
Such being the characteristics of a true Mason, the candidate who desires to obtain that title, must show his claim to the possession of these virtues; and hence the same charges declare, in reference to these moral qualifications, that “The persons made Masons, or admitted members of a lodge, must be good and true men–no immoral or scandalous men, but of good report.”
Section II.
_Of the Physical Qualifications of Candidates._
The physical qualifications of a candidate refer to his sex, his age, and the condition of his limbs.
The first and most important requisite of a candidate is, that he shall be “_a man_.” No woman can be made a Mason. This landmark is so indisputable, that it would be wholly superfluous to adduce any arguments or authority in its support.
As to age, the old charges prescribe the rule, that the candidate must be “of mature and discreet age.” But what is the precise period when one is supposed to have arrived at this maturity and discretion, cannot be inferred from any uniform practice of the craft in different countries. The provisions of the civil law, which make twenty-one the age of maturity, have, however, been generally followed. In this country the regulation is general, that the candidate must be twenty-one years of age. Such, too, was the regulation adopted by the General Assembly, which met on the 27th Dec., 1663, and which prescribed that “no person shall be accepted unless he be twenty-one years old or more.”[55] In Prussia, the candidate is required to be twenty-five; in England, twenty-one,[56] “unless by dispensation from the Grand Master, or Provincial Grand Master;” in Ireland, twenty-one, except “by dispensation from the Grand Master, or the Grand Lodge;” in France, twenty-one, unless the candidate be the son of a Mason who has rendered important service to the craft, with the consent of his parent or guardian, or a young man who has served six months with his corps in the army–such persons may be initiated at eighteen; in Switzerland, the age of qualification is fixed at twenty-one, and in Frankfort-on-Mayn, at twenty. In this country, as I have already observed, the regulation of 1663 is rigidly enforced, and no candidate, who has not arrived at the age of twenty-one, can be initiated.
Our ritual excludes “an old man in his dotage” equally with a “young man under age.” But as dotage signifies imbecility of mind, this subject will be more properly considered under the head of intellectual qualifications.
The physical qualifications, which refer to the condition of the candidate’s body and limbs, have given rise, within a few years past, to a great amount of discussion and much variety of opinion. The regulation contained in the old charges of 1721, which requires the candidate to be “a perfect youth,” has in some jurisdictions been rigidly enforced to the very letter of the law, while in others it has been so completely explained away as to mean anything or nothing. Thus, in South Carolina, where the rule is rigid, the candidate is required to be neither deformed nor dismembered, but of hale and entire limbs, as a man ought to be, while in Maine, a deformed person may be admitted, provided “the deformity is not such as to prevent him from being instructed in the arts and mysteries of Freemasonry.”
The first written law which we find on this subject is that which was enacted by the General Assembly held in 1663, under the Grand Mastership of the Earl of St. Albans, and which declares “that no person shall hereafter be accepted a Freemason but such as are of _able_ body.”[57]
Twenty years after, in the reign of James II., or about the year 1683, it seems to have been found necessary, more exactly to define the meaning of this expression, “of able body,” and accordingly we find, among the charges ordered to be read to a Master on his installation, the following regulation:
“Thirdly, that he that be made be able in all degrees; that is, free-born, of a good kindred, true, and no bondsman, and that _he have his right limbs as a man ought to have.”_[58]
The old charges, published in the original Book of Constitutions in 1723, contain the following regulation:
“No Master should take an Apprentice, unless he be a perfect youth having no maim or defect that may render him uncapable of learning the art.”
Notwithstanding the positive demand for _perfection_, and the positive and explicit declaration that he must have _no maim or defect_, the remainder of the sentence has, within a few years past, by some Grand Lodges, been considered as a qualifying clause, which would permit the admission of candidates whose physical defects did not exceed a particular point. But, in perfection, there can be no degrees of comparison, and he who is required to be perfect, is required to be so without modification or diminution. That which is _perfect_ is complete in all its parts, and, by a deficiency in any portion of its constituent materials, it becomes not less perfect, (which expression would be a solecism in grammar,) but at once by the deficiency ceases to be perfect at all–it then becomes imperfect. In the interpretation of a law, “words,” says Blackstone, “are generally to be understood in their usual and most known signification,” and then “perfect” would mean, “complete, entire, neither defective nor redundant.” But another source of interpretation is, the “comparison of a law with other laws, that are made by the same legislator, that have some affinity with the subject, or that expressly relate to the same point.”[59] Applying this law of the jurists, we shall have no difficulty in arriving at the true signification of the word “perfect,” if we refer to the regulation of 1683, of which the clause in question appears to have been an exposition. Now, the regulation of 1683 says, in explicit terms, that the candidate must “_have his right limbs as a man ought to have_.” Comparing the one law with the other, there can be no doubt that the requisition of Masonry is and always has been, that admission could only be granted to him who was neither deformed nor dismembered, but of hale and entire limbs as a man should be.
But another, and, as Blackstone terms it, “the most universal and effectual way of discovering the true meaning of a law” is, to consider “the reason and spirit of it, or the cause which moved the legislator to enact it.” Now, we must look for the origin of the law requiring physical perfection, not to the formerly operative character of the institution, (for there never was a time when it was not speculative as well as operative,) but to its symbolic nature. In the ancient temple, every stone was required to be _perfect_, for a perfect stone was the symbol of truth. In our mystic association, every Mason represents a stone in that spiritual temple, “that house not made with hands, eternal in the heavens,” of which the temple of Solomon was the type. Hence it is required that he should present himself, like the perfect stone in the material temple, a perfect man in the spiritual building. “The symbolic relation of each member of the Order to its mystic temple, forbids the idea,” says Bro. W.S. Rockwell, of Georgia,[60] “that its constituent portions, its living stones, should be less perfect or less a type of their great original, than the immaculate material which formed the earthly dwelling place of the God of their adoration.” If, then, as I presume it will be readily conceded, by all except those who erroneously suppose the institution to have been once wholly operative and afterwards wholly speculative, perfection is required in a candidate, not for the physical reason that he may be enabled to give the necessary signs of recognition, but because the defect would destroy the symbolism of that perfect stone which every Mason is supposed to represent in the spiritual temple, we thus arrive at a knowledge of the causes which moved the legislators of Masonry to enact the law, and we see at once, and without doubt, that the words _perfect youth_ are to be taken in an unqualified sense, as signifying one who has “his right limbs as a man ought to have.”[61]
It is, however, but fair to state that the remaining clause of the old charge, which asserts that the candidate must have no maim or defect that may render him incapable of learning the art, has been supposed to intend a modification of the word “perfect,” and to permit the admission of one whose maim or defect was not of such a nature as to prevent his learning the art of Masonry. But I would respectfully suggest that a criticism of this kind is based upon a mistaken view of the import of the words. The sentence is not that the candidate must have no such maim or defect as might, by possibility, prevent him from learning the art; though this is the interpretation given by those who are in favor of admitting slightly maimed candidates. It is, on the contrary, so worded as to give a consequential meaning to the word “_that_.” He must have no maim or defect _that_ may render him incapable; that is, _because_, by having such maim or defect, he would be rendered incapable of acquiring our art.
In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for the government of the Grand Lodge of Ancient York Masons in England, and many of the Provincial Grand and subordinate lodges of America, the regulation is laid down that candidates must be “men of good report, free-born, of mature age, not deformed nor dismembered at the time of their making, and no woman or eunuch.” It is true that at the present day this book possesses no legal authority among the craft; but I quote it, to show what was the interpretation given to the ancient law by a large portion, perhaps a majority, of the English and American Masons in the middle of the eighteenth century.
A similar interpretation seems at all times to have been given by the Grand Lodges of the United States, with the exception of some, who, within a few years past, have begun to adopt a more latitudinarian construction.
In Pennsylvania it was declared, in 1783, that candidates are not to be “deformed or dismembered at the time of their making.”
In South Carolina the book of Constitutions, first published in 1807, requires that “every person desiring admission must be upright in body, not deformed or dismembered at the time of making, but of hale and entire limbs, as a man ought to be.”
In the “Ahiman Rezon and Masonic Ritual,” published by order of the Grand Lodge of North Carolina and Tennessee, in the year 1805, candidates are required to be “hale and sound, not deformed or dismembered at the time of their making.”[62]
Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares the law in precisely the words of South Carolina, already quoted.
In 1823, the Grand Lodge of Missouri unanimously adopted a report, which declared that all were to be refused admission who were not “sound in mind and _all their members_,” and she adopted a resolution asserting that “the Grand Lodge cannot grant a letter or dispensation to a subordinate lodge working under its jurisdiction, to initiate any person maimed, disabled, or wanting the qualifications establishing by ancient usage.”[63]
But it is unnecessary to multiply instances. There never seems to have been any deviation from the principle that required absolute physical perfection, until, within a few years, the spirit of expediency[64] has induced some Grand Lodges to propose a modified construction of the law, and to admit those whose maims or deformities were not such as to prevent them from complying with the ceremonial of initiation. Still, a large number of the Grand Lodges have stood fast by the ancient landmark, and it is yet to be hoped that all will return to their first allegiance. The subject is an important one, and, therefore, a few of the more recent authorities, in behalf of the old law may with advantage be cited.
“We have examined carefully the arguments ‘pro and con,’ that have accompanied the proceedings of the several Grand Lodges, submitted to us, and the conviction has been forced upon our minds, even against our wills, that we depart from the ancient landmarks and usages of Masonry, whenever we admit an individual wanting in one of the human senses, or who is in any particular maimed or deformed.”–_Committee of Correspondence G. Lodge of Georgia_, 1848, _page_ 36.
“The rationale of the law, excluding persons physically imperfect and deformed, lies deeper and is more ancient than the source ascribed to it.[65] It is grounded on a principle recognized in the earliest ages of the world; and will be found identical with that which obtained among the ancient Jews. In this respect the Levitical law was the same as the masonic, which would not allow any ‘to go in unto the vail’ who had a blemish–a blind man, or a lame, or a man that was broken-footed, or broken-handed, or a dwarf, &c….
“The learned and studious Freemasonic antiquary can satisfactorily explain the metaphysics of this requisition in our Book of Constitutions. For the true and faithful Brother it sufficeth to know that such a requisition exists. He will prize it the more because of its antiquity…. No man can in perfection be ‘made a Brother,’ no man can truly ‘learn our mysteries,’ and practice them, or ‘do the work of a Freemason,’ if he is not a _man_ with body free from maim, defect and deformity.”–_Report of a Special Committee of the Grand Lodge of New York, in_ 1848.[66]
“The records of this Grand Lodge may be confidently appealed to, for proofs of her repeated refusal to permit maimed persons to be initiated, and not simply on the ground that ancient usage forbids it, but because the fundamental constitution of the Order–the ancient charges–forbid it.”–_Committee of Correspondence of New York, for 1848, p. 70._
“The lodges subordinate to this Grand Lodge are hereby required, in the initiation of applicants for Masonry, to adhere to the ancient law (as laid down in our printed books), which says he shall be of _entire limbs_”–_Resolution of the G.L. of Maryland, November, 1848._
“I received from the lodge at Ashley a petition to initiate into our Order a gentleman of high respectability, who, unfortunately, has been maimed. I refused my assent…. I have also refused a similar request from the lodge of which I am a member. The fact that the most distinguished masonic body on earth has recently removed one of the landmarks, should teach _us_ to be careful how we touch those ancient boundaries.”–_Address of the Grand Master of New Jersey in 1849._
“The Grand Lodge of Florida adopted such a provision in her constitution, [the qualifying clause permitting the initiation of a maimed person, if his deformity was not such as to prevent his instruction], but more mature reflection, and more light reflected from our sister Grand Lodges, caused it to be stricken from our constitution.”–_Address of Gov. Tho. Brown, Grand Master of Florida in_ 1849.
“As to the physical qualifications, the Ahiman Rezon leaves no doubt on the subject, but expressly declares, that every applicant for initiation must be a man, free-born, of lawful age, in the perfect enjoyment of his senses, hale, and sound, and not deformed or dismembered; this is one of the ancient landmarks of the Order, which it is in the power of no body of men to change. A man having but one arm, or one leg, or who is in anyway deprived of his due proportion of limbs and members, is as incapable of initiation as a woman.”–_Encyclical Letter of the Grand Lodge of South Carolina to its subordinates in_ 1849.
Impressed, then, by the weight of these authorities, which it would be easy, but is unnecessary, to multiply–guided by a reference to the symbolic and speculative (not operative) reason of the law–and governed by the express words of the regulation of 1683–I am constrained to believe that the spirit as well as the letter of our ancient landmarks require that a candidate for admission should be perfect in all his parts, that is, neither redundant nor deficient, neither deformed nor dismembered, but of hale and entire limbs, as a man ought to be.
Section III.
_Of the Intellectual Qualifications of Candidates._
The Old Charges and Ancient Constitutions are not as explicit in relation to the intellectual as to the moral and physical qualifications of candidates, and, therefore, in coming to a decision on this subject, we are compelled to draw our conclusions from analogy, from common sense, and from the peculiar character of the institution. The question that here suggests itself on this subject is, what particular amount of human learning is required as a constitutional qualification for initiation?
During a careful examination of every ancient document to which I have had access, I have met with no positive enactment forbidding the admission of uneducated persons, even of those who can neither read nor write. The unwritten, as well as the written laws of the Order, require that the candidate shall be neither a _fool_ nor an _idiot_, but that he shall possess a discreet judgment, and be in the enjoyment of all the senses of a man. But one who is unable to subscribe his name, or to read it when written, might still very easily prove himself to be within the requirements of this regulation. The Constitutions of England, formed since the union of the two Grand Lodges in 1813, are certainly explicit enough on this subject. They require even more than a bare knowledge of reading and writing, for, in describing the qualifications of a candidate, they say:
“He should be a lover of the liberal arts and sciences, and have made some progress in one or other of them; and he must, previous to his initiation, subscribe his name at full length, to a declaration of the following import,” etc. And in a note to this regulation, it is said, “Any individual who cannot write is, consequently, ineligible to be admitted into the Order.” If this authority were universal in its character, there would be no necessity for a further discussion of the subject. But the modern constitutions of the Grand Lodge of England are only of force within its own jurisdiction, and we are therefore again compelled to resort to a mode of reasoning for the proper deduction of our conclusions on this subject.
It is undoubtedly true that in the early period of the world, when Freemasonry took its origin, the arts of reading and writing were not so generally disseminated among all classes of the community as they now are, when the blessings of a common education can be readily and cheaply obtained. And it may, therefore, be supposed that among our ancient Brethren there were many who could neither read nor write. But after all, this is a mere assumption, which, although it may be based on probability, has no direct evidence for its support. And, on the other hand, we see throughout all our ancient regulations, that a marked distinction was made by our rulers between the Freemason and the Mason who was not free; as, for instance, in the conclusion of the fifth chapter of the Ancient Charges, where it is said: “No laborer shall be employed in the common work of Masonry, nor shall Freemasons work with those who are not free, without an urgent necessity.” And this would seem to indicate a higher estimation by the fraternity of their own character, which might be derived from their greater attainments in knowledge. That in those days the ordinary operative masons could neither read nor write, is a fact established by history. But it does not follow that the Freemasons, who were a separate society of craftsmen, were in the same unhappy category; it is even probable, that the fact that they were not so, but that they were, in comparison with the unaccepted masons, educated men, may have been the reason of the distinction made between these two classes of workmen.
But further, all the teachings of Freemasonry are delivered on the assumption that the recipients are men of some education, with the means of improving their minds and increasing their knowledge. Even the Entered Apprentice is reminded, by the rough and perfect ashlars, of the importance and necessity of a virtuous education, in fitting him for the discharge of his duties. To the Fellow Craft, the study of the liberal arts and sciences is earnestly recommended; and indeed, that sacred hieroglyphic, the knowledge of whose occult signification constitutes the most solemn part of his instruction, presupposes an acquaintance at least with the art of reading. And the Master Mason is expressly told in the explanation of the forty-seventh problem of Euclid, as one of the symbols of the third degree, that it was introduced into Masonry to teach the Brethren the value of the arts and sciences, and that the Mason, like the discoverer of the problem, our ancient Brother Pythagoras, should be a diligent cultivator of learning. Our lectures, too, abound in allusions which none but a person of some cultivation of mind could understand or appreciate, and to address them, or any portion of our charges which refer to the improvement of the intellect and the augmentation of knowledge, to persons who can neither read nor write, would be, it seems to us, a mockery unworthy of the sacred character of our institution.
From these facts and this method of reasoning, I deduce the conclusion that the framers of Masonry, in its present organization as a speculative institution, must have intended to admit none into its fraternity whose minds had not received some preliminary cultivation, and I am, therefore, clearly of opinion, that a person who cannot read and write is not legally qualified for admission.
As to the inexpediency of receiving such candidates, there can be no question or doubt. If Masonry be, as its disciples claim for it, a scientific institution, whose great object is to improve the understanding and to enlarge and adorn the mind, whose character cannot be appreciated, and whose lessons of symbolic wisdom cannot be acquired, without much studious application, how preposterous would it be to place, among its disciples, one who had lived to adult years, without having known the necessity or felt the ambition for a knowledge of the alphabet of his mother tongue? Such a man could make no advancement in the art of Masonry; and while he would confer no substantial advantage on the institution, he would, by his manifest incapacity and ignorance, detract, in the eyes of strangers, from its honor and dignity as an intellectual society.
Idiots and madmen are excluded from admission into the Order, for the evident reason that the former from an absence, and the latter from a perversion of the intellectual faculties, are incapable of comprehending the objects, or of assuming the responsibilities and obligations of the institution.
A question here suggests itself whether a person of present sound mind, but who had formerly been deranged, can legally be initiated. The answer to this question turns on the fact of his having perfectly recovered. If the present sanity of the applicant is merely a lucid interval, which physicians know to be sometimes vouched to lunatics, with the absolute certainty, or at best, the strong probability, of an eventual return to a state of mental derangement, he is not, of course, qualified for initiation. But if there has been a real and durable recovery (of which a physician will be a competent judge), then there can be no possible objection to his admission, if otherwise eligible. We are not to look to what the candidate once was, but to what he now is.
Dotage, or the mental imbecility produced by excessive old age, is also a disqualification for admission. Distinguished as it is by puerile desires and pursuits, by a failure of the memory, a deficiency of the judgment, and a general obliteration of the mental powers, its external signs are easily appreciated, and furnish at once abundant reason why, like idiots and madmen, the superannuated dotard is unfit to be the recipient of our mystic instructions.
Section IV.
_Of the Political Qualifications of Candidates._
The Constitutions of Masonry require, as the only qualification referring to the political condition of the candidate, or his position in society, that he shall be _free-born_. The slave, or even the man born in servitude–though he may, subsequently, have obtained his liberty–is excluded by the ancient regulations from initiation. The non-admission of a slave seems to have been founded upon the best of reasons; because, as Freemasonry involves a solemn contract, no one can legally bind himself to its performance who is not a free agent and the master of his own actions. That the restriction is extended to those who were originally in a servile condition, but who may have since acquired their liberty, seems to depend on the principle that birth, in a servile condition, is accompanied by a degradation of mind and abasement of spirit, which no subsequent disenthralment can so completely efface as to render the party qualified to perform his duties, as a Mason, with that “freedom, fervency, and zeal,” which are said to have distinguished our ancient Brethren. “Children,” says Oliver, “cannot inherit a free and noble spirit except they be born of a free woman.”
The same usage existed in the spurious Freemasonry or the Mysteries of the ancient world. There, no slave, or men born in slavery, could be initiated; because, the prerequisites imperatively demanded that the candidate should not only be a man of irreproachable manners, but also a free-born denizen of the country in which the mysteries were celebrated.
Some masonic writers have thought that, in this regulation in relation to free birth, some allusion is intended, both in the Mysteries and in Freemasonry, to the relative conditions and characters of Isaac and Ishmael. The former–the accepted one, to whom the promise was given–was the son of a free woman, and the latter, who was cast forth to have “his hand against every man, and every man’s hand against him,” was the child of a slave. Wherefore, we read that Sarah demanded of Abraham, “Cast out this bondwoman and her son; for the son of the bondwoman shall not be heir with my son.” Dr. Oliver, in speaking of the grand festival with which Abraham celebrated the weaning of Isaac, says, that he “had not paid the same compliment at the weaning of Ishmael, because he was the son of a bondwoman, and, consequently, could not be admitted to participate in the Freemasonry of his father, which could only be conferred on free men born of free women.” The ancient Greeks were of the same opinion; for they used the word [Greek: douloprepeia] or, “slave manners,” to designate any very great impropriety of manners.
The Grand Lodge of England extends this doctrine, that Masons should be free in all their thoughts and actions, so far, that it will not permit the initiation of a candidate who is only temporarily deprived of his liberty, or even in a place of confinement. In the year 1782, the Master of the Royal Military Lodge, at Woolwich, being confined, most probably for debt, in the King’s Bench prison, at London, the lodge, which was itinerant in its character, and allowed to move from place to place with its regiment, adjourned, with its warrant of constitution, to the Master in prison, where several Masons were made. The Grand Lodge, being informed of the circumstances, immediately summoned the Master and Wardens of the lodge “to answer for their conduct in making Masons in the King’s Bench prison,” and, at the same time, adopted a resolution, affirming that “it is inconsistent with the principles of Freemasonry for any Freemason’s lodge to be held, for the purposes of making, passing, or raising Masons, in any prison or place of confinement.”
Section V.
_Of the Petition of Candidates for Admission, and the Action thereon_.
The application of a candidate to a lodge, for initiation, is called a “petition.” This petition should always be in writing, and generally contains a statement of the petitioner’s age, occupation, and place of residence, and a declaration of the motives which have prompted the application, which ought to be “a favorable opinion conceived of the institution and a desire of knowledge.”[67] This petition must be recommended by at least two members of the lodge.
The petition must be read at a stated or regular communication of the lodge, and referred to a committee of three members for an investigation of the qualifications and character of the candidate. The committee having made the necessary inquiries, will report the result at the next regular communication and not sooner.
The authority for this deliberate mode of proceeding is to be found in the fifth of the 39 General Regulations, which is in these words:
“No man can be made or admitted a member of a particular lodge, without previous notice one month before given to the said lodge, in order to make due inquiry into the reputation and capacity of the candidate; unless by dispensation aforesaid.”
The last clause in this article provides for the only way in which this probation of a month can be avoided, and that is when the Grand Master, for reasons satisfactory to himself, being such as will constitute what is called (sometimes improperly) a case of emergency, shall issue a dispensation permitting the lodge to proceed forthwith to the election.
But where this dispensation has not been issued, the committee should proceed diligently and faithfully to the discharge of their responsible duty. They must inquire into the moral, physical, intellectual and political qualifications of the candidate, and make their report in accordance with the result of their investigations.
The report cannot be made at a special communication, but must always be presented at a regular one. The necessity of such a rule is obvious. As the Master can at any time within his discretion convene a special meeting of his lodge, it is evident that a presiding officer, if actuated by an improper desire to intrude an unworthy and unpopular applicant upon the craft, might easily avail himself for that purpose of an occasion when the lodge being called for some other purpose, the attendance of the members was small, and causing a ballot to be taken, succeed in electing a candidate, who would, at a regular meeting, have been blackballed by some of those who were absent from the special communication.
This regulation is promulgated by the Grand Lodge of England, in the following words: “No person shall be made a Mason without a regular proposition at one lodge and a ballot at the next regular stated lodge;” it appears to have been almost universally adopted in similar language by the Grand Lodges of this country; and, if the exact words of the law are wanting in any of the Constitutions, the general usage of the craft has furnished an equivalent authority for the regulation.
If the report of the committee is unfavorable, the candidate should be considered as rejected, without any reference to a ballot. This rule is also founded in reason. If the committee, after a due inquiry into the character of the applicant, find the result so disadvantageous to him as to induce them to make an unfavorable report on his application, it is to be presumed that on a ballot they would vote against his admission, and as their votes alone would be sufficient to reject him, it is held unnecessary to resort in such a case to the supererogatory ordeal of the ballot. It would, indeed, be an anomalous proceeding, and one which would reflect great discredit on the motives and conduct of a committee of inquiry, were its members first to report against the reception of a candidate, and then, immediately afterwards, to vote in favor of his petition. The lodges will not suppose, for the honor of their committees, that such a proceeding will take place, and accordingly the unfavorable report of the committee is always to be considered as a rejection.
Another reason for this regulation seems to be this. The fifth General Regulation declares that no Lodge should ever make a Mason without “due inquiry” into his character, and as the duty of making this inquiry is entrusted to a competent committee, when that committee has reported that the applicant is unworthy to be made a Mason, it would certainly appear to militate against the spirit, if not the letter, of the regulation, for the lodge, notwithstanding this report, to enter into a ballot on the petition.
But should the committee of investigation report favorably, the lodge will then proceed to a ballot for the candidate; but, as this forms a separate and important step in the process of “making Masons,” I shall make it the subject of a distinct section.
Section VI.
_Of Balloting for Candidates._
The Thirty-nine Regulations do not explicitly prescribe the ballot-box as the proper mode of testing the opinion of the lodge on the merits of a petition for initiation. The sixth regulation simply says that the consent of the members is to be “formally asked by the Master; and they are to signify their assent or dissent _in their own prudent way_ either virtually or in form, but with unanimity.” Almost universal usage has, however, sanctioned the ballot box and the use of black and white balls as the proper mode of obtaining the opinion of the members.
From the responsibility of expressing this opinion, and of admitting a candidate into the fraternity or of repulsing him from it, no Mason is permitted to shrink. In balloting on a petition, therefore, every member of the Lodge is expected to vote; nor can he be excused from the discharge of this important duty, except by the unanimous consent of his Brethren. All the members must, therefore, come up to the performance of this trust with firmness, candor, and a full determination to do what is right–to allow no personal timidity to forbid the deposit of a black ball, if the applicant is unworthy, and no illiberal prejudices to prevent the deposition of a white one, if the character and qualifications of the candidate are unobjectionable. And in all cases where a member himself has no personal or acquired knowledge of these qualifications, he should rely upon and be governed by the recommendation of his Brethren of the Committee of Investigation, who he has no right to suppose would make a favorable report on the petition of an unworthy applicant.[68]
The great object of the ballot is, to secure the independence of the voter; and, for this purpose, its secrecy should be inviolate. And this secrecy of the ballot gives rise to a particular rule which necessarily flows out of it.
No Mason can be called to an account for the vote which he has deposited. The very secrecy of the ballot is intended to secure the independence and irresponsibility to the lodge of the voter. And, although it is undoubtedly a crime for a member to vote against the petition of an applicant on account of private pique or personal prejudice, still the lodge has no right to judge that such motives alone actuated him. The motives of men, unless divulged by themselves, can be known only to God; “and if,” as Wayland says, “from any circumstances we are led to entertain any doubts of the motives of men, we are bound to retain these doubts within our own bosoms.” Hence, no judicial notice can be or ought to be taken by a lodge of a vote cast by a member, on the ground of his having been influenced by improper motives, because it is impossible for the lodge legally to arrive at the knowledge; in the first place, of the vote that he has given, and secondly, of the motives by which he has been controlled.
And even if a member voluntarily should divulge the nature of his vote and of his motives, it is still exceedingly questionable whether the lodge should take any notice of the act, because by so doing the independence of the ballot might be impaired. It is through a similar mode of reasoning that the Constitution of the United States provides, that the members of Congress shall not be questioned, in any other place, for any speech or debate in either House. As in this way the freedom of debate is preserved in legislative bodies, so in like manner should the freedom of the ballot be insured in lodges.
The sixth General Regulation requires unanimity in the ballot. Its language is: “but no man can be entered a Brother in any particular lodge, or admitted to be a member thereof, without the _unanimous consent of all the members of that lodge_ then present when the candidate is proposed.” This regulation, it will be remembered, was adopted in 1721. But in the “New Regulations,” adopted in 1754, and which are declared to have been enacted “only for amending or explaining the Old Regulations for the good of Masonry, without breaking in upon the ancient rules of the fraternity, still preserving the old landmarks,” it is said: “but it was found inconvenient to insist upon unanimity in several cases; and, therefore, the Grand Masters have allowed the lodges to admit a member, if not above three black balls are against him; though some lodges desire no such allowance.”[69]
The Grand Lodge of England still acts under this new regulation, and extends the number of black balls which will reject to three, though it permits its subordinates, if they desire it, to require unanimity. But nearly all the Grand Lodges of this country have adhered to the old regulation, which is undoubtedly the better one, and by special enactment have made the unanimous consent of all the Brethren present necessary to the election of a candidate.
Another question here suggests itself. Can a member, who by the bye-laws of his lodge is disqualified from the exercise of his other franchises as a member, in consequence of being in arrears beyond a certain amount, be prevented from depositing his ballot on the application of a candidate? That by such a bye-law he may be disfranchised of his vote in electing