_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."