SECTION VI.

THE RIGHT OF DEMISSION.
The word "demit"* is peculiarly and technically Masonic, and has no relation to, the obsolete verb " to demit," which signifies " to let fall, to depress, to submit." A Mason is said " to demit from a Lodge" when he withdraws from all connection with it. It is, in fact, the act which in any other society would be called a resignation.
The right of demission is, then, an important right in its reference not only to the Mason who applies for it, but also to the Lodge which grants it, since its operation is to dissolve all Masonic con- nection between the two parties. It is not, there- fore, surprising that it has been made the topic of earnest discussion, and elicited various opinions among Masonic jurists.
Does the right exist, and if so, under what re- strictions and with what effects? These are the questions that naturally suggest themselves, and must be thoroughly discussed before we can expect to obtain a clear comprehension of the subject.
There never has been any doubt, that a Mason, being in good standing, has a right to demit from
* I have no doubt that the usual orthography of this word is wrong, and that it should be spelled dimit, being derived from the Latin verb dimittere, to dismiss, to leave, to discharge. I have, however, continued the spelling which is sanctioned by constant usage, at least since the year 1723. " If a Master of a particular Lodge is deposed or demits," is the language of & regulation adopted in that year. See second edit, of Anderson, p. loi.
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one Lodge for the purpose of immediately joining another. To exercise tills undoubted right, how- ever, he must at the time be in good standing ; that is, free from all charges and their results. It is also admitted that all action on the application of any member for a demit will be suspended, if at the time of the application a charge shall be preferred against the applicant. In such a case he must sub- mit to a trial, and, if acquitted, his demit may then be granted. These are points of law about which there is no dispute.
The only question of Masonic jurisprudence on this subject which has given rise to .any discussion is, whether a member can demit from a Lodge for the distinct purpose of severing all active connec- tion with the Order, and becoming an unaffiliated Mason. And it may be observed, that it is only within a few years that the right to do even this has been denied.
The Grand Lodge of Connecticut, in 1853, de- cided "that no Lodge should grant a demit to any of its members, except for the purpose of joining some other Lodge ; and that no member shall be considered as having withdrawn from one Lodge until he has actually become a member of another."
The Grand Lodge of Texas, governed by a simi- lar view of the subject, has declared that " it does not recognize the right of a Mason to demit or sep- arate himself from the Lodge in which he was made or may afterwards be admitted, except for the pur- pose of joining another Lodg3, or when he may be
234 RIGHT OF DEMISSION.
about to remove without the jurisdiction of the Lodge of which he is a member."
I regret that I cannot concur in the correctness, in point of law, of these decisions and others of a similar import that have been made by some other Grand Lodges. Of course it is admitted that there is no Masonic duty more explicitly taught in the an- cient Constitutions than that which requires every Mason to be a member of some Lodge. But I can- not deny to any man the right of withdrawing, whenever he pleases, from a voluntary association. The laws of the land would not sustain the Masonic authorities in the enforcement of such a regulation, and our own self-respect, if there were no other motive, should prevent us from attempting it.
Freemasonry is, in all respects, a voluntary asso- ciation, and as no one is expected or permitted to enter within its folds unless it be of his " own free will and accord," so should his continuance in it be through an exercise of the same voluntary disposi- tion. These are the views which were entertained by a committee whose report was adopted in 1854 by the Grand Lodge of Ohio, and which they have expressed in the following language :
" We recognize fully the doctrine laid down in the ancient Constitutions, ' that it is the duty of every Mason to belong to some regular Lodge.' But as his entrance into the frater- nity is of his own free will and accord, so should be the per- formance of this and every other Masonic duty. When, from whatever cause, he desires to withdraw his membership from the Lodge, it is his undoubted right to ask, and the duty of
RIGHT OF DEMISSION. 2
ihe Lodge, if there be no objection to his moral standing, to grant him an honorable discharge."*
This, then, appears to nie to be the state of the law on this subject ; a Mason, being in good stand- ing, has a right to claim a demit from his Lodge, and the Lodge cannot withhold it. But a demit from a Lodge, as it severs the relation of the de- mitting member to his Lodge, and releases him from the obligation to pay dues, deprives him also of cer- tain privileges with which his membership had in- vested him. These, however, will become the sub- ject of consideration when we treat of unaffiliated Masons, in which class a demit necessarily places the individual who receives it.
Although, as I have already said, there is no law in any of the ancient Constitutions which forbids the granting of demits to individual Masons, yet the whole spirit of the institution is opposed to such a system. To ask for a demit, without the inten- tion to uuite with another Lodge, is an act which no Mason can commit without violating the obliga- tions which he owes to the Order. It is an aban- donment of his colors, and although we have no power to prevent his desertion, yet we can visit his unfaithfulness with moral condemnation. . But there is a case of demission for which the Regulations of 1721"+ have especially enacted a law.
* Proceedings of the G. L. of Ohio, 1354, p. 94.
f No set or number of brethren shall withdraw or separate themselves from the Lodge in which they were made brethren, or were afterwards ad- mitted members, unless the Lodge becomes too numerous ; nor even then without a dispensation from the Grand Master or his Deputy ; and when
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When several brethren at one time apply for de- mits, the regulation prescribes that these demits shall be granted only where the Lodge is already too^numerous, and the intention of the clemitting brethren is to form a new Lodge, they having a dis- pensation for that purpose from the Grand Master, or at once to unite themselves with another Lodge. The withdrawal of many members at one time from a small Lodge would manifestly tend to its injury, and perhaps cause its dissolution ; and when this is done without the intention of those who have with- drawn to unite with any other Lodge, it is to be presumed that the act has been the result of pique or anger, and should not, therefore, be encouraged by the law.
Still, however, we are again met with the diffi- culty which opposes us in the consideration of an application for a single demit. How is the law to be enforced? The Kegulation of 1721 simply de- clares that "no set or number of brethren shall withdraw or separate themselves from the Lodge," but it affixes no penalty for the violation of the regulation, and if a number of brethren should de- sire to withdraw, I know of no power in the Ma- sonic institution which can prevent them from exer- cising that right. It is true, that if an unmasonic feeling of anger or pique is plainly exhibited, so
they are thus separated, they must immediately join themselves to such other Lodge as they shall like best, with the unanimous consent of that other Lodge to which they go, or else they must obtain the Grand Master's war rant to join in forming a new Lodge." — Regulations of 1721. Art. viii.
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that a charge can be predicated on it, the demits may be withheld until the charge is disproved. But unless such charge is made, the demits must be granted. The holding of membership in a Lodge is an absolute duty, but one which cannot be en- forced. If a Mason violates it, all that can be done is to visit him with the penalties which fall upon unaffiliated Masons. But he cannot be compelled to continue his membership contrary to his own in- clinations. The penalties of non-affiliation are to begin, not when a Brother asks for a demit, for this may be done for a good purpose, but when, after having received this demit, he" neglects or refuses, within a reasonable time, to unite with another Lodge. The demit must be granted, if the Mason applying is in good standing at the time, and the penalties of non-affiliation must be subsequently en- forced, if he renders himself obnoxious to them.
The Grand Lodge of Connecticut forbids the granting of demits, except to join another Lodge. North Carolina says that " no Lodge possesses the power to allow a Brother to withdraw of his own accord." Texas does not recognize the right of de- mission. Missouri declares " that no Brother shall be permitted to demit from any Lodge, except for the purpose of traveling or joining another Lodge. "
On the other side of the question, the Grand Lodge of Michigan thinks that " the compulsory method of keeping Masons after they have once been made is repugnant to the ^luntary character of the institution." Massachusetts doubts the power
238 RIGHT OF APPEAL.
of the Grand Lodge to obtain successful results in the case of compulsory membership, which it thinks 'k even, if practicable, gives very slight promise of benTrat to either party." New York says, " demis- sion is the joint act of the Lodge and the member." Wisconsin, Virginia, Mississippi, Tennessee, and the majority of the Grand Lodges, while reprobating the practice of demitting, do not deny the right.
Amidst these contradictory opinions, I have en- .deavored to be governed by the analogies of law and the principles of equity, which lead me to the belief that although a demission made with the in- tention of a total disseverance from the Order is a violation of Masonic duty, yet there is no power in a Lodge to refuse it when demanded.
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