The Principles of Masonic Law Part 12

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 Const.i.tutions, 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 pet.i.tion. 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 pet.i.tion.

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 pet.i.tion 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 a.s.sent 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 b.a.l.l.s 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 pet.i.tion, 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 un.o.bjectionable. 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 pet.i.tion 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 pet.i.tion 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 G.o.d; "and if," as Wayland says, "from any circ.u.mstances 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 Const.i.tution 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 b.a.l.l.s 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 b.a.l.l.s 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 officers, or of the right to hold office, will be freely admitted. But the words of the old regulation seem expressly, and without equivocation, to require that _every member present_ shall vote. The candidate shall only be admitted "by the unanimous consent of all the members of that lodge then present when the candidate is proposed." This right of the members to elect or reject their candidates is subsequently called "an inherent privilege," which is not subject to a dispensation. The words are explicit, and the right appears to be one guaranteed to every member so long as he continues a member, and of which no bye-law can divest him as long as the paramount authority of the Thirty-nine General Regulations is admitted. I should say, then, that every member of a lodge present at balloting for a candidate has a right to deposit his vote; and not only a right, but a duty which he is to be compelled to perform; since, without the unanimous consent of all present, there can be no election.

Our written laws are altogether silent as to the peculiar ceremonies which are to accompany the act of balloting, which has therefore been generally directed by the local usage of different jurisdictions. Uniformity, however, in this, as in all other ritual observances, is to be commended, and I shall accordingly here describe the method which I have myself preferred and practised in balloting for candidates, and which is the custom adopted in the jurisdiction of South Carolina.[70]

The committee of investigation having reported favorably, the Master of the lodge directs the Senior Deacon to prepare the ballot box. The mode in which this is accomplished is as follows:--The Senior Deacon takes the ballot box, and, opening it, places all the white and black b.a.l.l.s indiscriminately in one compartment, leaving the other entirely empty. He then proceeds with the box to the Junior and Senior Wardens, who satisfy themselves by an inspection that no ball has been left in the compartment in which the votes are to be deposited. I remark here, in pa.s.sing, that the box, in this and the other instance to be referred to hereafter, is presented to the inferior officer first, and then to his superior, that the examination and decision of the former may be substantiated and confirmed by the higher authority of the latter. Let it, indeed, be remembered, that in all such cases the usage of masonic _circ.u.mambulation_ is to be observed, and that, therefore, we must first pa.s.s the Junior's station before we can get to that of the Senior Warden.

These officers having thus satisfied themselves that the box is in a proper condition for the reception of the ballots, it is then placed upon the altar by the Senior Deacon, who retires to his seat. The Master then directs the Secretary to call the roll, which is done by commencing with the Wors.h.i.+pful Master, and proceeding through all the officers down to the youngest member. As a matter of convenience, the Secretary generally votes the last of those in the room, and then, if the Tiler is a member of the lodge, he is called in, while the Junior Deacon tiles for him, and the name of the applicant having been told him, he is directed to deposit his ballot, which he does, and then retires.

As the name of each officer and member is called he approaches the altar, and having made the proper masonic salutation to the Chair, he deposits his ballot and retires to his seat. The roll should be called slowly, so that at no time should there be more than one person present at the box; for, the great object of the ballot being secrecy, no Brother should be permitted so near the member voting as to distinguish the color of the ball he deposits.

The box is placed on the altar, and the ballot is deposited with the solemnity of a masonic salutation, that the voters may be duly impressed with the sacred and responsible nature of the duty they are called on to discharge. The system of voting thus described, is, therefore, far better on this account than the one sometimes adopted in lodges, of handing round the box for the members to deposit their ballots from their seats

The Master having inquired of the Wardens if all have voted, then orders the Senior Deacon to "take charge of the ballot box." That officer accordingly repairs to the altar, and taking possession of the box, carries it, as before, to the Junior Warden, who examines the ballot, and reports, if all the b.a.l.l.s are white, that "the box is clear in the South,"

or, if there is one or more black b.a.l.l.s, that "the box is foul in the South." The Deacon then carries it to the Senior Warden, and afterwards to the Master, who, of course, make the same report, according to the circ.u.mstances, with the necessary verbal variation of "West" and "East."

If the box is _clear_--that is, if all the ballots are white--the Master then announces that the applicant has been duly elected, and the Secretary makes a record of the fact.

But if the box is declared to be _foul_, the Master inspects the number of black b.a.l.l.s; if he finds two, he declares the candidate to be rejected; if only one, he so states the fact to the lodge, and orders the Senior Deacon again to prepare the ballot box, and a second ballot is taken in the same way. This is done lest a black ball might have been inadvertently voted on the first ballot. If, on the second scrutiny, one black ball is again found, the fact is announced by the Master, who orders the election to lie over until the next stated meeting, and requests the Brother who deposited the black ball to call upon him and state his reasons. At the next stated meeting the Master announces these reasons to the lodge, if any have been made known to him, concealing, of course, the name of the objecting Brother. At this time the validity or truth of the objections may be discussed, and the friends of the applicant will have an opportunity of offering any defense or explanation. The ballot is then taken a third time, and the result, whatever it may be, is final. As I have already observed, in most of the lodges of this country, a reappearance of the one black ball will amount to a rejection. In those lodges which do not require unanimity, it will, of course, be necessary that the requisite number of black b.a.l.l.s must be deposited on this third ballot to insure a rejection. But if, on inspection, the box is found to be "clear," or without a black ball, the candidate is, of course, declared to be elected. In any case, the result of the third ballot is final, nor can it be set aside or reversed by the action of the Grand Master or Grand Lodge; because, by the sixth General Regulation, already so frequently cited, the members of every particular lodge are the best judges of the qualifications of their candidates; and, to use the language of the Regulation, "if a fractious member should be imposed on them, it might spoil their harmony, or hinder their freedom, or even break and disperse the lodge."

Section VII.

_Of the Reconsideration of the Ballot._

There are, unfortunately, some men in our Order, governed, not by essentially bad motives, but by frail judgments and by total ignorance of the true object and design of Freemasonry, who never, under any circ.u.mstances, have recourse to the black ball, that great bulwark of Masonry, and are always more or less incensed when any more judicious Brother exercises his privilege of excluding those whom he thinks unworthy of partic.i.p.ation in our mysteries.

I have said, that these men are not governed by motives essentially bad.

This is the fact. They honestly desire the prosperity of the inst.i.tution, and they would not willfully do one act which would impede that prosperity. But their judgments are weak, and their zeal is without knowledge. They do not at all understand in what the true prosperity of the Order consists, but really and conscientiously believing that its actual strength will be promoted by the increase of the number of its disciples; they look rather to the _quant.i.ty_ than to the _quality_ of the applicants who knock at the doors of our lodges.

Now a great difference in respect to the mode in which the ballot is conducted, will be found in those lodges which are free from the presence of such injudicious brethren, and others into which they have gained admittance.

In a lodge in which every member has a correct notion of the proper moral qualifications of the candidates for Masonry, and where there is a general disposition to work well with a few, rather than to work badly with many, when a ballot is ordered, each Brother, having deposited his vote, quietly and calmly waits to hear the decision of the ballot box announced by the Chair. If it is "clear," all are pleased that another citizen has been found worthy to receive a portion of the illuminating rays of Masonry. If it is "foul," each one is satisfied with the adjudication, and rejoices that, although knowing nothing himself against the candidate, some one has been present whom a more intimate acquaintance with the character of the applicant has enabled to interpose his veto, and prevent the purity of the Order from being sullied by the admission of an unworthy candidate. Here the matter ends, and the lodge proceeds to other business.

But in a lodge where one of these injudicious and over-zealous Brethren is present, how different is the scene. If the candidate is elected, he, too, rejoices; but his joy is, that the lodge has gained one more member whose annual dues and whose initiation fee will augment the amount of its revenues. If he is rejected, he is indignant that the lodge has been deprived of this pecuniary accession, and forthwith he sets to work to reverse, if possible, the decision of the ballot box, and by a volunteer defense of the rejected candidate, and violent denunciations of those who opposed him, he seeks to alarm the timid and disgust the intelligent, so that, on a _reconsideration_, they may be induced to withdraw their opposition.

The _motion for reconsideration_ is, then, the means generally adopted, by such seekers after quant.i.ty, to insure the success of their efforts to bring all into our fold who seek admission, irrespective of worth or qualification. In other words, we may say, that _the motion for reconsideration is the great antagonist of the purity and security of the ballot box_. The importance, then, of the position which it thus a.s.sumes, demands a brief discussion of the time and mode in which a ballot may be reconsidered.

In the beginning of the discussion, it may be a.s.serted, that it is competent for any brother to move a reconsideration of a ballot, or for a lodge to vote on such a motion. The ballot is a part of the work of initiating a candidate. It is the preparatory step, and is just as necessary to his legal making as the obligation or the invest.i.ture. As such, then, it is clearly entirely under the control of the Master. The Const.i.tutions of Masonry and the Rules and Regulations of every Grand and Subordinate lodge prescribe the mode in which the ballot shall be conducted, so that the sense of the members may be taken. The Grand Lodge also requires that the Master of the lodge shall see that that exact mode of ballot shall be pursued and no other, and it will hold him responsible that there shall be no violation of the rule. If, then, the Master is satisfied that the ballot has been regularly and correctly conducted, and that no possible good, but some probable evil, would arise from its reconsideration, it is not only competent for him, but it is his solemn duty to refuse to permit any such reconsideration. A motion to that effect, it may be observed, will always be out of order, although any Brother may respectfully request the Wors.h.i.+pful Master to order such a reconsideration, or suggest to him its propriety or expediency.

If, however, the Master is not satisfied that the ballot is a true indication of the sense of the lodge, he may, in his own discretion, order a reconsideration. Thus there may be but one black ball;--now a single black ball may sometimes be inadvertently cast--the member voting it may have been favorably disposed towards the candidate, and yet, from the hurry and confusion of voting, or from the dimness of the light or the infirmity of his own eyes, or from some other equally natural cause, he may have selected a black ball, when he intended to have taken a white one. It is, therefore, a matter of prudence and necessary caution, that, when only one black ball appears, the Master should order a new ballot. On this second ballot, it is to be presumed that more care and vigilance will be used, and the reappearance of the black ball will then show that it was deposited designedly.

But where two or three or more black b.a.l.l.s appear on the first ballot, such a course of reasoning is not authorized, and the Master will then be right to refuse a reconsideration. The ballot has then been regularly taken--the lodge has emphatically decided for a rejection, and any order to renew the ballot would only be an insult to those who opposed the admission of the applicant, and an indirect attempt to thrust an unwelcome intruder upon the lodge.

But although it is in the power of the Master, under the circ.u.mstances which we have described, to order a reconsideration, yet this prerogative is accompanied with certain restrictions, which it may be well to notice.

In the first place, the Master cannot order a reconsideration on any other night than that on which the original ballot was taken.[71] After the lodge is closed, the decision of the ballot is final, and there is no human authority that can reverse it. The reason of this rule is evident.

If it were otherwise, an unworthy Master (for, unfortunately, all Masters are not worthy) might on any subsequent evening avail himself of the absence of those who had voted black b.a.l.l.s, to order a reconsideration, and thus succeed in introducing an unfit and rejected candidate into the lodge, contrary to the wishes of a portion of its members.

Neither can he order a reconsideration on the same night, if any of the Brethren who voted have retired. All who expressed their opinion on the first ballot, must be present to express it on the second. The reasons for this restriction are as evident as for the former, and are of the same character.

It must be understood, that I do not here refer to those reconsiderations of the ballot which are necessary to a full understanding of the opinion of the lodge, and which have been detailed in the ceremonial of the mode of balloting, as it was described in the preceding Section.

It may be asked whether the Grand Master cannot, by his dispensations, permit a reconsideration. I answer emphatically, NO. The Grand Master possesses no such prerogative. There is no law in the whole jurisprudence of the inst.i.tution clearer than this--that neither the Grand Lodge nor the Grand Master can interfere with the decision of the ballot box. In Anderson's Const.i.tutions, the law is laid down, under the head of "Duty of Members" (edition of 1755, p. 312), that in the election of candidates the Brethren "are to give their consent in their own prudent way, either virtually or in form, but with unanimity." And the regulation goes on to say: "Nor is this inherent privilege _subject to a dispensation_, because the members of a 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 communications, or even break and disperse the lodge." This settles the question. A dispensation to reconsider a ballot would be an interference with the right of the members "to give their consent in their own prudent way;" it would be an infringement of an "inherent privilege," and neither the Grand Lodge nor the Grand Master can issue a dispensation for such a purpose. Every lodge must be left to manage its own elections of candidates in its own prudent way.

I conclude this section by a summary of the principles which have been discussed, and which I have endeavored to enforce by a process of reasoning which I trust may be deemed sufficiently convincing. They are briefly these:

1. It is never in order for a member to move for the reconsideration of a ballot on the pet.i.tion of a candidate for initiation, nor for a lodge to entertain such a motion.

2. The Master alone can, for reasons satisfactory to himself, order such a reconsideration.

3. The Master cannot order a reconsideration on any subsequent night, nor on the same night, after any member, who was present and voted, has departed.

4. The Grand Master cannot grant a dispensation for a reconsideration, nor in any other way interfere with the ballot. The same restriction applies to the Grand Lodge.