The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of FreemasonryMackey, Albert Gallatin
Religion
The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of Freemasonry
Mackey, Albert Gallatin
Freemasons -- Legal status, laws, etc.
"I find no rule less comprehensive than this, that all persons are
admissible witnesses who have the use of their reason, and such religious
belief as to feel the obligation of an oath, who have not been convicted
of any infamous crime, and who are not influenced by interest."
The peculiar, isolated character of our institution, here suggests as an
important question, whether it is admissible to take the testimony of a
profane, or person who is not a Freemason, in the trial of a Mason before
his lodge.
To this question I feel compelled to reply, that such testimony is
generally admissible; but, as there are special cases in which it is not,
it seems proper to qualify that reply by a brief inquiry into the grounds
and reasons of this admissibility, and the mode and manner in which such
testimony is to be taken.
The great object of every trial, in Masonry, as elsewhere, is to elicit
truth; and, in the spirit of truth, to administer justice. From whatever
source, therefore, this truth can be obtained, it is not only competent
there to seek it, but it is obligatory on us so to do. This is the
principle of law as well as of common sense. Mr. Phillips, in the
beginning of his great "Treatise on the Law of Evidence," says: "In
inquiries upon this subject, the great end and object ought always to be,
the ascertaining of the most convenient and surest means for the
attainment of truth; the rules laid down are the means used for the
attainment of that end."
Now, if A, who is a Freemason, shall have committed an offense, of which B
and C alone were cognizant as witnesses, shall it be said that A must be
acquitted for want of proof, because B and C are not members of the Order?
We apprehend that in this instance the ends of justice would be defeated,
rather than subserved. If the veracity and honesty of B and C are
unimpeached, their testimony as to the fact cannot lawfully be rejected on
any ground, except that they may be interested in the result of the trial,
and might be benefited by the conviction or the acquittal of the
defendant. But this is an objection that would hold against the evidence
of a Mason, as well as a profane.
Any other rule would be often attended with injurious consequences to our
institution. We may readily suppose a case by way of illustration. A, who
is a member of a lodge, is accused of habitual intemperance, a vice
eminently unmasonic in its character, and one which will always reflect a
great portion of the degradation of the offender upon the society which
shall sustain and defend him in its perpetration. But it may happen--and
this is a very conceivable case--that in consequence of the remoteness of
his dwelling, or from some other supposable cause, his Brethren have no
opportunity of seeing him, except at distant intervals. There is,
therefore, no Mason, to testify to the truth of the charge, while his
neighbors and associates, who are daily and hourly in his company, are all
aware of his habit of intoxication.
Public-domain text, read in full here on John Shaqi.
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