Part 14 (2/2)
The Grand Lodge of New York, especially, has opposed these regulations, inflicting a penalty on the initiate, and a.s.signs its reasons for the opposition in the following language:
”Before a man becomes a Mason, he is subject to no law which any Grand Lodge can enact. No Grand Lodge has a right to make a law to compel any citizen, who desires, to be initiated in a particular lodge, or in the town or State of his residence; neither can any Grand Lodge forbid a citizen to go where he pleases to seek acceptance into fellows.h.i.+p with the craft; and where there is no right to compel or to forbid, there can be no right to punish; but it will be observed, that the laws referred to were enacted to punish the citizens of Maryland and Alabama, as Masons and Brethren, for doing something before they were Masons and Brethren, which they had a perfect right to do as citizens and freemen; and it must certainly be regarded as an act of deception and treachery by a young Mason, on returning home, to be told, that he is 'a clandestine Mason,'
that he 'ought to be expelled,' or, that he cannot be recognized as a Brother till he 'joins a lodge where his residence is,' because he was initiated in New York, in England, or in France, after having heard all his life of the universality and oneness of the inst.i.tution.”[77]
It seems to us that the Grand Lodge of New York has taken the proper view of the subject; although we confess that we are not satisfied with the whole course of reasoning by which it has arrived at the conclusion.
Whatever we may be inclined to think of the inexpediency of making transient persons (and we certainly do believe that it would be better that the character and qualifications of every candidate should be submitted to the inspection of his neighbors rather than to that of strangers), however much we may condemn the carelessness and facility of a lodge which is thus willing to initiate a stranger, without that due examination of his character, which, of course, in the case of non-residents, can seldom be obtained, we are obliged to admit that such makings are legal--the person thus made cannot be called a clandestine Mason, because he has been made in a legally const.i.tuted lodge--and as he is a regular Mason, we know of no principle by which he can be refused admission as a visitor into any lodge to which he applies.
Masonry is universal in its character, and knows no distinction of nation or of religion. Although each state or kingdom has its distinct Grand Lodge, this is simply for purposes of convenience in carrying out the principles of uniformity and subordination, which should prevail throughout the masonic system. The jurisdiction of these bodies is entirely of a masonic character, and is exercised only over the members of the Order who have voluntarily contracted their allegiance. It cannot affect the profane, who are, of course, beyond its pale. It is true, that as soon as a candidate applies to a lodge for initiation, he begins to come within the scope of masonic law. He has to submit to a prescribed formula of application and entrance, long before he becomes a member of the Order. But as this formula is universal in its operation, affecting candidates who are to receive it and lodges which are to enforce it in all places, it must have been derived from some universal authority. The manner, therefore, in which a candidate is to be admitted, and the preliminary qualifications which are requisite, are prescribed by the landmarks, the general usage, and the ancient const.i.tutions of the Order.
And as they have directed the _mode how_, they might also have prescribed the _place where_, a man should be made a Mason. But they have done no such thing. We cannot, after the most diligent search, find any const.i.tutional regulation of the craft, which refers to the initiation of non-residents. The subject has been left untouched; and as the ancient and universally acknowledged authorities of Masonry have neglected to legislate on the subject, it is now too late for any modern and local authority, like that of a Grand Lodge, to do so.
A Grand Lodge may, it is true, forbid--as Missouri, South Carolina, Georgia, and several other Grand Lodges have done--the initiation of non-residents, within its own jurisdiction, because this is a local law enacted by a local authority; but it cannot travel beyond its own territory, and prescribe the same rule to another Grand Lodge, which may not, in fact, be willing to adopt it.
The conclusions, then, at which we arrive no this subject are these: The ancient const.i.tutions have prescribed no regulation on the subject of the initiation of non-residents; it is, therefore, optional with every Grand Lodge, whether it will or will not suffer such candidates to be made within its own jurisdiction; the making, where it is permitted, is legal, and the candidate so made becomes a regular Mason, and is ent.i.tled to the right of visitation.
What, then, is the remedy, where a person of bad character, and having, in the language of the Grand Lodge of Maryland, ”a distrust of his acceptance” at home, goes abroad and receives the degrees of Masonry? No one will deny that such a state of things is productive of great evil to the craft. Fortunately, the remedy is simple and easily applied. Let the lodge, into whose jurisdiction he has returned, exercise its power of discipline, and if his character and conduct deserve the punishment, let him be expelled from the Order. If he is unworthy of remaining in the Order, he should be removed from it at once; but if he is worthy of continuing in it, there certainly can be no objection to his making use of his right to visit.
Chapter II.
Of the Rights of Entered Apprentices.
In an inquiry into the rights of Entered Apprentices, we shall not be much a.s.sisted by the Ancient Const.i.tutions, which, leaving the subject in the position in which usage had established it, are silent in relation to what is the rule. In all such cases, we must, as I have frequently remarked before, in settling the law, have recourse to a.n.a.logy, to the general principles of equity, and the dictates of common sense, and, with these three as our guides, we shall find but little difficulty in coming to a right conclusion.
At present, an Entered Apprentice is not considered a member of the Lodge, which privilege is only extended to Master Masons. This was not formerly the case. Then the Master's degree was not as indiscriminately conferred as it is now. A longer probation and greater mental or moral qualifications were required to ent.i.tle a candidate to this sublime dignity. None were called Master Masons but such as had presided over their Lodges, and the office of Wardens was filled by Fellow Crafts.
Entered Apprentices, as well as Fellow Crafts, were permitted to attend the communications of the Grand Lodge, and express their opinions; and, in 1718, it was enacted that every new regulation, proposed in the Grand Lodge, should be submitted to the consideration of even the youngest Entered Apprentice. Brethren of this degree composed, in fact, at that time, the great body of the craft. But, all these things have, since, by the gradual improvement of our organization, undergone many alterations; and Entered Apprentices seem now, by universal consent, to be restricted to a very few rights. They have the right of sitting in all lodges of their degree, of receiving all the instructions which appertain to it, but not of speaking or voting, and, lastly, of offering themselves as candidates for advancement, without the preparatory necessity of a formal written pet.i.tion.
These being admitted to be the rights of an Entered Apprentice, few and unimportant as they may be, they are as dear to him as those of a Master Mason are to one who has been advanced to that degree; and he is, and ought to be, as firmly secured in their possession. Therefore, as no Mason can be deprived of his rights and privileges, except after a fair and impartial trial, and the verdict of his peers, it is clear that the Entered Apprentice cannot be divested of these rights without just such a trial and verdict.
But, in the next place, we are to inquire whether the privilege of being pa.s.sed as a Fellow Craft is to be enumerated among these rights? And, we clearly answer, No. The Entered Apprentice has the right of making the application. Herein he differs from a profane, who has no such right of application until he has qualified himself for making it, by becoming an Entered Apprentice. But, if the application is granted, it is _ex gratia_, or, by the favour of the lodge, which may withhold it, if it pleases. If such were not the case, the lodge would possess no free will on the subject of advancing candidates; and the rule requiring a probation and an examination, before pa.s.sing, would be useless and absurd--because, the neglect of improvement or the want of competency would be attended with no penalty.
It seems to me, then, that, when an Apprentice applies for his second degree, the lodge may, if it thinks proper, refuse to grant it; and that it may express that refusal by a ballot. No trial is necessary, because no rights of the candidate are affected. He is, by a rejection of his request, left in the same position that he formerly occupied. He is still an Entered Apprentice, in good standing; and the lodge may, at any time it thinks proper, reverse its decision and proceed to pa.s.s him.
If, however, he is specifically charged with any offense against the laws of Masonry, it would then be necessary to give him a trial. Witnesses should be heard, both for and against him, and he should be permitted to make his defense. The opinion of the lodge should be taken, as in all other cases of trial, and, according to the verdict, he should be suspended, expelled, or otherwise punished.
The effect of these two methods of proceeding is very different. When, by a ballot, the lodge refuses to advance an Entered Apprentice, there is not, necessarily, any stigma on his moral character. It may be, that the refusal is based on the ground that he has not made sufficient proficiency to ent.i.tle him to pa.s.s. Consequently, his standing as an Entered Apprentice is not at all affected. His rights remain the same. He may still sit in the lodge when it is opened in his degree; he may still receive instructions in that degree; converse with Masons on masonic subjects which are not beyond his standing; and again apply to the lodge for permission to pa.s.s as a Fellow Craft.
But, if he be tried on a specific charge, and be suspended or expelled, his moral character is affected. His masonic rights are forfeited; and he can no longer be considered as an Entered Apprentice in good standing. He will not be permitted to sit in his lodge, to receive masonic instruction, or to converse with Masons on masonic subjects; nor can he again apply for advancement until the suspension or expulsion is removed by the spontaneous action of the lodge.
These two proceedings work differently in another respect. The Grand Lodge will not interfere with a subordinate lodge in compelling it to pa.s.s an Entered Apprentice; because every lodge is supposed to be competent to finish, in its own time, and its own way, the work that it has begun. But, as the old regulations, as well as the general consent of the craft, admit that the Grand Lodge alone can expel from the rights and privileges of Masonry, and that an expulsion by a subordinate lodge is inoperative until it is confirmed by the Grand Lodge, it follows that the expulsion of the Apprentice must be confirmed by that body; and that, therefore, he has a right to appeal to it for a reversal of the sentence, if it was unjustly p.r.o.nounced.
<script>