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

by Albert Gallatin Mackey

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.