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The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of Freemasonry

Chapter 55

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 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 balls 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 passing, 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 _circumambulation_ is to be observed, and that, therefore, we must first pass 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 Worshipful 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 balls are white, that "the box is clear in the South," or, if there is one or more black balls, 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 circumstances, 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 balls; 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 balls 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."