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  • The Freemasons' Monthly Magazine
  • July 21, 1860
  • Page 11
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The Freemasons' Monthly Magazine, July 21, 1860: Page 11

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    Article CORRESPONDENCE. ← Page 2 of 3 →
Page 11

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Correspondence.

in the affirmative , not at all aware that they were to bo judged , without any chance of a defence—only called upon by the R . AV . Prov . G . M . for the monosyllable yes or no , to his questions . You will , Mr . Editor , allow that this was perfectly unconstitutional on the part of the R . AV . ProA * . G . M . ; that in every court of laiv and in every country the defendants are told who are the laintiff or plaintiffsthe

p , form of complaint , and allowed to make use of advisers or defenders , and judgment is afterwards given ; but not tyrannical nor absolute poAver employed to gain their ends . This was de facto the case , they not being aware , up to this moment , who was or Avere their accusers . The other charges were not brought against other members , if I except that upon ivhich our P . M . AVUS condemned to pay a fine of

£ 5—the circumstances attached to which fine I cannot refrain from explaining : —On the 3 rd November 1859 , the majority of the members addressed a requisition to the AV . M . Bro . P . C . Vessuup , requesting him to open the Loclge and hold its regular meetings , notifying at tho same time that should he refuse , it would be done . At an appointed hour the AV . M . was entreated to meet a committee ofthe members ,

to which he acceded , They come appointed by the others , and verbally communicated with the AV . M . as ' to the expediency of opening the Lodge ; that he was acting in contravention to constitutional laws , and that it was not in the power of the AV . M . to close the Lodge at his option . The committee Avas treated in a most contemptuous manner hy the AV . M ., Avho did not deign to answer any furtherthan

, that the communication would be forwarded to the M . AV . G . M . The P . M . as proprietor of the house in which the Lodge was helcl , being informed that there were leakages which ought to be attended to , then requested the AV . M . to open that part of the premises ( not ivhere the Lodgo was held ) , so that he mi ght repair the damages complained of , to

which he received a flat denial . The P . M ., then assumed a poAver in his OAVII ri ght as proprietor , and had the door opened by a tradesman , for which he Avas condemned to pay the fine aboA * e mentioned . The Colonial Board , in their report , appear to consider the R . AV . Brother irreproachable , and deserving of the best thanks of the Grand Lodge , for tho arduous task he

undertook , and the satisfactory manner ho performed the duties entrusted to him , " and that all differences had been happily settled , and peace and harmony restored . " The R . AV . Prov . G . M . Bro . Hart , appeared to have possessed the powers of magnetism , for at the time , a member of the Loclge , filling the situation . of Junr . AVarden , rose and proposed that a petition be addressed to the M . AV . G . M . that Bro .

Hart be appointed Prov . Grand Master for the Island ; the Brethren judging from foregoing report , and the truly Masonic manner in ivhich the R . AV . Brother had addressed the Brethren , rose as one body , and seconded the proposition of tho Junr . AVarden ( which proposition , I must observe , was cut and dry for the occasion , having been well considered beforehand ) , the Junr . Warden reading the same from a paper prepared for the occasion ; moreover , ifc is to be

observed , that the Junr . AVarden Avho made the proposition , was one of number of the aggressors , ivho supported and advised the W . M . in all his illegal acts , and afterwards demanded his resignation . As regards the resolution ivhich the Brethren agreed to , to abide by the decision of the _ R . AV . Brother , this was also proposed by tho same brother , prepared in the same way ,

ancl carried unanimously , the Brethren looking at the time which would elapse before any decision could be received ¦ from the authorities at home , and the utter impossibility , that said authorities could enter into all tho differences without a viva voce , explanation , inducing them to do so . They were further induced to take that course by a desire as men and Masons to be consistent in their actions , ( they

having applied to the M . AV . G . M . that the matter bo referred to the arbitration of the Prov . G . M . Br . Hart ) , having confidence in his judgment and Masonic knowledge , and being desirous that the ivorking of the Lodge should not remain longer suspended , but not in any way submitting implicitly to the sentence of tho R . AV . Prov . G . M . Having arrived at this point , it appears to me necessary to discuss the opinion which the Colonial Board , as Avell as you , Mr . Editor , have thought proper to enunciate as regards

tho power which was yielded pcrmissfvely by the R . AV . Prov . G . M . You appear to be at a loss to perceive how Grand Loclge can interfere in the matter , ( as regards the appeal made by the suspended members ) . Let us take the question in a legal point of view : a suit is instituted , judgment is given , and the plaintiff or defendant cast—the one party not satisfied with the view ivhich the judge has

taken of the case , appeals to a hig her tribunal , and continues his appeal ( if not content ) , to the highest court in Her Majesty ' s dominion ; he or they have not been bound to abide by the decision of any particular judge or court , until necessity obliges liim or them to conform in the end to the highest . You , Mr . Editor , further remark that , certain decisions of Brother Hart , cannot be allowed to

stand , being contrary to the constitutional laws and other received authority . AVhy then should the one , ivhich materially affects many Masons , be considered unchangeable and binding ? As Masons , we are bound to respect the superior authorities , their decisions , & c . ; but , we are not debarred the privileges laid clown in tho " Book of Constitution , " page 21 , section 16 . — "The Grand Lodge alone has the inherent right , " & c , and "the poiver of investigating , regulating , and deciding all matters relative to the Craffc , or to particular Lodges , or to individual Brothers , which it

may exercise either of itself or by such delegated authority as in its wisdom and discretion , it may appoint ; " and again of appeal . — "The Grand Loclge . possesses supreme superintending authority , and the poiA'er . of finally deciding on every case which concerns the interest of the Craft , & c . " Now Sh' , and Brother , if we , as Masons , are bound to respect the constitutional laws and abide by them , AA'hy

shall they not bo acted upon in every case ? As E . A . ' s we promise and sivear to obey the constitutional laws of the Grand Lodge of England ; if said laws are put aside in individual cases , then they become a dead letter and no reference must be made to them , nor can they be looked upon as the basis of Masonic jurisprudence . Again the Colonial Board , in their report to be laid before

Grand Lodge , on AVednesday , 6 fch June say , that Br . Hart in his communications to them , accompanied the same ivith copies of the - resolutions , duly entered on the minutes and unanimously confirmed at the next meeting ; it is natural that the members ivould confirm what they had resolved , and all that had taken place at that meeting , ivhich is customary , as without confirmation , the minutes could not bo binding ; but , at the same time , it does not make it obligatory on the members to be silent and not seek those rights which the constitutional laws accord them . In another

paragraph , the Colonial Board , have considered that the decisions of Bro . Hart must bo taken in the nature of an " award based upon the submission to his arbitration , ancl binding on the Brethren who submitted to ifc ; " and states that the three Brethren sentenced to suspension , made no objection thereto , on the ground of want of jurisdiction on the part of the R . AV . Brother . Let us noiv analyse

these paragraphs in a moral sense . AVhere arbitration is agreed to , two persons , are in general , appointed to arbitrate , one for each party , and a third as umpire in case of non-agreement . AA o ivill noiv look upon Br . Hart as the one party , and the suspended members and others as the other party ; and who may I ask , according to Masonic laivs , authorities , and usages , is the umpire in all cases ? Those

possessing tho greatest poiver , in whom alone the inherent rig ht reside—the Grand Lodge . How could the Colonial Board expect that men and Masons , ( nofc school boys , ) coulcl at the time oppose the jurisdiction of the R . AV . Prov . G . M . when he had been appointed by the M . AV . Grand Master , at their request , to consider the matter in dispute between them . The Colonial Board have also taken the vieiv of the

ajipeal as wholly informal . The only informality consists in not conforming to the preliminary requisites prescribed by the Book of Constitutions in cases of appeal ; ivhich they did not do , considering that they had the power of appeal to higher authority , and being perfectly aware that if they had addressed any communication to the AV . M . Bro . P . G . Vessuup , who had already treated other addresses sent him . with dire contempt , their representations would not have been attended to , supported as he was by R . W . Prov . G . M .,

“The Freemasons' Monthly Magazine: 1860-07-21, Page 11” Masonic Periodicals Online, Library and Museum of Freemasonry, 23 June 2025, django:8000/periodicals/mmr/issues/mmr_21071860/page/11/.
  • List
  • Grid
Title Category Page
TO OUR READERS. Article 1
MASONRY IN ST. THOMAS'S. Article 1
THE INEFFABLE WORD. Article 1
CLASSICAL THEOLOGY.—XXV. Article 5
ARCHITECTURE OF DIFFERENT NATIONS. Article 7
MASONIC NOTES AND QUERIES. Article 8
NOTES ON LITERATURE, SCIENCE, AND ART. Article 9
CORRESPONDENCE. Article 10
THE CHARITIES. Article 12
GRAND LODGE OF MARK MASTERS. Article 12
PROV . G.M. FOR BERKS AND BUCKS. Article 12
Literature. Article 13
ARRANGEMENTS IN THE BRITISH MUSEUM. Article 15
Obituary. Article 15
THE MASONIC MIRROR. Article 16
METROPOLITAN. Article 16
PROVINCIAL. Article 16
ROYAL ARCH. Article 18
AMERICA. Article 18
COLONIAL. Article 19
SOUTH AUSTRALIA. Article 19
THE WEEK. Article 19
TO CORRESPONDENTS. Article 20
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Correspondence.

in the affirmative , not at all aware that they were to bo judged , without any chance of a defence—only called upon by the R . AV . Prov . G . M . for the monosyllable yes or no , to his questions . You will , Mr . Editor , allow that this was perfectly unconstitutional on the part of the R . AV . ProA * . G . M . ; that in every court of laiv and in every country the defendants are told who are the laintiff or plaintiffsthe

p , form of complaint , and allowed to make use of advisers or defenders , and judgment is afterwards given ; but not tyrannical nor absolute poAver employed to gain their ends . This was de facto the case , they not being aware , up to this moment , who was or Avere their accusers . The other charges were not brought against other members , if I except that upon ivhich our P . M . AVUS condemned to pay a fine of

£ 5—the circumstances attached to which fine I cannot refrain from explaining : —On the 3 rd November 1859 , the majority of the members addressed a requisition to the AV . M . Bro . P . C . Vessuup , requesting him to open the Loclge and hold its regular meetings , notifying at tho same time that should he refuse , it would be done . At an appointed hour the AV . M . was entreated to meet a committee ofthe members ,

to which he acceded , They come appointed by the others , and verbally communicated with the AV . M . as ' to the expediency of opening the Lodge ; that he was acting in contravention to constitutional laws , and that it was not in the power of the AV . M . to close the Lodge at his option . The committee Avas treated in a most contemptuous manner hy the AV . M ., Avho did not deign to answer any furtherthan

, that the communication would be forwarded to the M . AV . G . M . The P . M . as proprietor of the house in which the Lodge was helcl , being informed that there were leakages which ought to be attended to , then requested the AV . M . to open that part of the premises ( not ivhere the Lodgo was held ) , so that he mi ght repair the damages complained of , to

which he received a flat denial . The P . M ., then assumed a poAver in his OAVII ri ght as proprietor , and had the door opened by a tradesman , for which he Avas condemned to pay the fine aboA * e mentioned . The Colonial Board , in their report , appear to consider the R . AV . Brother irreproachable , and deserving of the best thanks of the Grand Lodge , for tho arduous task he

undertook , and the satisfactory manner ho performed the duties entrusted to him , " and that all differences had been happily settled , and peace and harmony restored . " The R . AV . Prov . G . M . Bro . Hart , appeared to have possessed the powers of magnetism , for at the time , a member of the Loclge , filling the situation . of Junr . AVarden , rose and proposed that a petition be addressed to the M . AV . G . M . that Bro .

Hart be appointed Prov . Grand Master for the Island ; the Brethren judging from foregoing report , and the truly Masonic manner in ivhich the R . AV . Brother had addressed the Brethren , rose as one body , and seconded the proposition of tho Junr . AVarden ( which proposition , I must observe , was cut and dry for the occasion , having been well considered beforehand ) , the Junr . Warden reading the same from a paper prepared for the occasion ; moreover , ifc is to be

observed , that the Junr . AVarden Avho made the proposition , was one of number of the aggressors , ivho supported and advised the W . M . in all his illegal acts , and afterwards demanded his resignation . As regards the resolution ivhich the Brethren agreed to , to abide by the decision of the _ R . AV . Brother , this was also proposed by tho same brother , prepared in the same way ,

ancl carried unanimously , the Brethren looking at the time which would elapse before any decision could be received ¦ from the authorities at home , and the utter impossibility , that said authorities could enter into all tho differences without a viva voce , explanation , inducing them to do so . They were further induced to take that course by a desire as men and Masons to be consistent in their actions , ( they

having applied to the M . AV . G . M . that the matter bo referred to the arbitration of the Prov . G . M . Br . Hart ) , having confidence in his judgment and Masonic knowledge , and being desirous that the ivorking of the Lodge should not remain longer suspended , but not in any way submitting implicitly to the sentence of tho R . AV . Prov . G . M . Having arrived at this point , it appears to me necessary to discuss the opinion which the Colonial Board , as Avell as you , Mr . Editor , have thought proper to enunciate as regards

tho power which was yielded pcrmissfvely by the R . AV . Prov . G . M . You appear to be at a loss to perceive how Grand Loclge can interfere in the matter , ( as regards the appeal made by the suspended members ) . Let us take the question in a legal point of view : a suit is instituted , judgment is given , and the plaintiff or defendant cast—the one party not satisfied with the view ivhich the judge has

taken of the case , appeals to a hig her tribunal , and continues his appeal ( if not content ) , to the highest court in Her Majesty ' s dominion ; he or they have not been bound to abide by the decision of any particular judge or court , until necessity obliges liim or them to conform in the end to the highest . You , Mr . Editor , further remark that , certain decisions of Brother Hart , cannot be allowed to

stand , being contrary to the constitutional laws and other received authority . AVhy then should the one , ivhich materially affects many Masons , be considered unchangeable and binding ? As Masons , we are bound to respect the superior authorities , their decisions , & c . ; but , we are not debarred the privileges laid clown in tho " Book of Constitution , " page 21 , section 16 . — "The Grand Lodge alone has the inherent right , " & c , and "the poiver of investigating , regulating , and deciding all matters relative to the Craffc , or to particular Lodges , or to individual Brothers , which it

may exercise either of itself or by such delegated authority as in its wisdom and discretion , it may appoint ; " and again of appeal . — "The Grand Loclge . possesses supreme superintending authority , and the poiA'er . of finally deciding on every case which concerns the interest of the Craft , & c . " Now Sh' , and Brother , if we , as Masons , are bound to respect the constitutional laws and abide by them , AA'hy

shall they not bo acted upon in every case ? As E . A . ' s we promise and sivear to obey the constitutional laws of the Grand Lodge of England ; if said laws are put aside in individual cases , then they become a dead letter and no reference must be made to them , nor can they be looked upon as the basis of Masonic jurisprudence . Again the Colonial Board , in their report to be laid before

Grand Lodge , on AVednesday , 6 fch June say , that Br . Hart in his communications to them , accompanied the same ivith copies of the - resolutions , duly entered on the minutes and unanimously confirmed at the next meeting ; it is natural that the members ivould confirm what they had resolved , and all that had taken place at that meeting , ivhich is customary , as without confirmation , the minutes could not bo binding ; but , at the same time , it does not make it obligatory on the members to be silent and not seek those rights which the constitutional laws accord them . In another

paragraph , the Colonial Board , have considered that the decisions of Bro . Hart must bo taken in the nature of an " award based upon the submission to his arbitration , ancl binding on the Brethren who submitted to ifc ; " and states that the three Brethren sentenced to suspension , made no objection thereto , on the ground of want of jurisdiction on the part of the R . AV . Brother . Let us noiv analyse

these paragraphs in a moral sense . AVhere arbitration is agreed to , two persons , are in general , appointed to arbitrate , one for each party , and a third as umpire in case of non-agreement . AA o ivill noiv look upon Br . Hart as the one party , and the suspended members and others as the other party ; and who may I ask , according to Masonic laivs , authorities , and usages , is the umpire in all cases ? Those

possessing tho greatest poiver , in whom alone the inherent rig ht reside—the Grand Lodge . How could the Colonial Board expect that men and Masons , ( nofc school boys , ) coulcl at the time oppose the jurisdiction of the R . AV . Prov . G . M . when he had been appointed by the M . AV . Grand Master , at their request , to consider the matter in dispute between them . The Colonial Board have also taken the vieiv of the

ajipeal as wholly informal . The only informality consists in not conforming to the preliminary requisites prescribed by the Book of Constitutions in cases of appeal ; ivhich they did not do , considering that they had the power of appeal to higher authority , and being perfectly aware that if they had addressed any communication to the AV . M . Bro . P . G . Vessuup , who had already treated other addresses sent him . with dire contempt , their representations would not have been attended to , supported as he was by R . W . Prov . G . M .,

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