in 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
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