^k^Z 049427 CORNELL UNIVERSITY LIBRARY Chronological History WITH AN ADDRESS TO THE MEMBERS OF Aurora Grata Lodge of Perfection 14° ANCIENT ACCEPTED SCOTTISH RITE, BY ' James Stuart Gillen, 32°. . N. .-. M. .-. J. .-. U. .-. S. .-. A. .-. "Woe unto those who aspire to that for which they are unjitted." ■Woe unto these who assume duties lightly, and afterwards neglect them." ; BROOKLYN, N. Y. 1891. .:» ^ a Cornell University J Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030321883 CHRONOLOGICAL HISTORY in re James Stuart Gillen, 32° Please Read this Carefully. April 6, 1888. Address to the Lodge regarding the under- standing with Mr. Trask. Vide Appeal to the Supreme Council printed and submitted September, 1890, pp. 6-8. April 5, 1889. The Lodge decides to consider a charge against me for unmasonic conduct, predicated upon the assumption THAT A PERSISTENT CONTEST, RESPECTFULLY CONDUCTED FOR A RE- COGNITION OF A GUARANTEED RIGHT UNDER THE CONSTITUTION, was an unmasonic act on my part. May 3, 1889. Presentation of said charge with specifications. Vide idem, pp. 20, 21. May 13, 1889. Collateral evidence of an understanding between the 111.'. Deputy and the management of the Lodge, in which there is a statement that THERE WAS NO ESCAPE FOR ME FROM AN ADVERSE JUDGMENT. Vide post pp. 22, 23. May 18, 1889. Ex-parte trial in violation of any Masonic Code, in which the so-called Commissioners of Trial BRING IN A VERDICT ARRANGED SIX DAYS PREVIOUSLY, being the pro- gramme outlined in the correspondence of May 13, 1889. September 10, 1889. Report of the 111.-. Deputy to the Supreme Council : " /j conscious of inexperience, and distrusting my ability to make a proper ■decision, venture to invoke an adjudication by the Supreme Council of the important points involved." He does not report to the Supreme Council that he had already rendered a quasi decision ; and in fact had directed his friend and -confidant to say : " It is advisable for £ro.'. Gillen to at once take a dimit * * * ■and not permit' His matter to go to trial, jov. he has no possible chance TO COME GUT VICTORIOUS." - As I differed at the time, I still beg leave to differ from the Illustrious: Deputy, with all his erudition, AS TO THE. .ABSURDLY FRIVOLOUS CHARGE AGAINST ME. September 19, 1889, The. Supreme Council sustain my demurrer, and practically direct the Deputy to» annul' all the pro, ceedings against me. This he failed to do promptly, and it has seemed to me that he deferred action in order that those antagonistic to me might the better concert another scheme ; and this was found, they thought,, in Section 15 of the Code, adopted by the Council of Deliberation in 1885. This section was never intended for any such purpose as that to which they tried to apply it ; and this could easily have been found out without the delay of waiting for me to explain it. October 4, 1889, Mr. Trask, certainly, and for no good- purpose, took it upon himself, as I have been informed ; he wrong- fully informed the Lodge that the Suprenie Council had sustained the acts of the Lodge and that I was properly expelled. November 2, 1889. The Deputy complied, upon this date, with the directions of the Supreme Council, of September 19th, but not until the substance of the orders in my case could not be brought before the Lodge until December 6th, much to the surprise of everyone. November 26, 1889. The Deputy wrote personally and directly to one of my friends : " As an individual member of the Rite, and without an appearance of being meddlesome, why not suggest to Bro. :. Gillen to dimit from all the Brooklyn Bodies, as this can be done without a sacrifice of any kind, on the part of anyone concerned.'" This was the third time that this suggestion had come from the Deputy, and doubtless with the hope or desire that I would avail myself of it before the Lodge met on December 6th. This was a confirmation to my mind of his instructions to one F. on the evening of May 12th, which he seems to have forgotten. This letter of November 26th points to the responsibility for those of May 13th, and any disclaimer at this time is perhaps owing to the rays of light contained in a personal and plain AnglO-Saxon: letter written by me, dated April 24, 1891. Vide post pp. 16-18. The reply to this letter .of the Deputy, received by him Decern^ ber 3, 1889, will be fqund on pp. 46-47 of the. Appeal of September, 1890, and it was entirely in keeping with my sentiments, as ex- pressed in mine of May 13th, previous. The question of a dimit was again broached to me on the 19th day of September, 1889 (the same day on which the Supreme Council adjourned), through other friends, and it was doubtless the expected influence of these friends over me, anticipating their success in carrying out the desire of. the Deputy^ that led Mr. Trask to. speak so positively about my expulsion and of the Lodge's action being sustained as he did at the October meeting. This occasion as you will see by the date, tvas the second time. My invariable answer ' to these, propositions was, that with these charges against me I could not think of such a thing ; I ask for the Rite, as well as for my.self, an honest trial, to be fairly tried by unbiased, unprejudiced, honest men. No ! No ! ! I claim that as you decided April 5th, 1889, to try me' for '' unmasonic conduct" and have gone so far as tp prepare a " Charge and Specifications" you MUST try me, and try me MasonicAlly' TOO, OR ANNUL, THE WHOLE PROCEEniNGS: I WILL NOT ACCEPT ANYTHING ELSE. The management have not the moral courage to do either, al- though therehav.e been abuadant opportunities. The Deputy could have done it; he could easily. have settled the whole matter, and ended it. I know it, they know it, AND I WANT VOU TO KNOW IT. The misuse of power, and undue official influence, with the introduction of politics into Masoiiry, were the methods adopted against me. THE SUPREME COUNCIL WILL SEE THIS.. December 6, 1889. The Lodge had under date of November 22, been summOiie'd to meet upon this date (its regular meeting night), "to take action upon' aft important comihumcation from 111..-; John Hodge, 32'° Deputy for the State of New York." Perhaps after the misrepresentations of' October in the- Lodge by'Mr. Trask respecting the action of ..the Supreme Council, something had. to be done to' mystify, the. ignorant an^ unlearned. ■ How absard ! ! What giCtioh could be taken except to receive.it,.ahd.^spiread it iri full upon the jmiriutes ? They did not dare to do anything.' else.' They did not even dare.tQ discuss the'propriety of the brder,jvhich they knew the 4 Deputy was compelled to issue, however much he disliked for their sake to do it. That, sirs, was the mandate of the Supreme Council whose Wisdom, Toleration, and Strength has been my only hope since the time when they RUTHLESSLY and RECKLESSLY rushed me into this strife. I did not attend the meeting of the Lodge on this date, for the reasons to be found on p. 49 of my Appeal of September, 1890. December 9, 1889. I was summoned under this date to a special communication of the Lodge to be held on Saturday evening, December 21, to stand trial under Section 15 of the Code, " if the Lodge of Perfection elects to so proceed." The Code provides a different course, i. e., the accused shall be notified " that such action WOULD BE taken." This do6s not leave it optional to take it or not ; it is positive and mandatory. Special communications in Masonry are summoned for specific purposes. This summons, you will notice, was for a contingent or accidental purpose, and does not specifically state " that such action would be taken" and " to appear and answer ;" as required by the terms of this section. I was not able to be there, owing to illness. 1 provided a demurrer and sent it to be used in case of need. The object was to show the Lodge the dishonesty of one and the same jury passing twice upon the same subject matter. Could they for a moment be expected to stultify themselves? We have here again, an adverse verdict arranged before a so-called trial. There was no occasion for the accused to appear ; and now IT IS SAID THAT THE SUPREME COUNCIL WILL SUSTAIN THEIR " ACTION OF December 2ist, 1889. THERE WAS NO LEGAL TRIAL, but merely the form of one ; and you can see that if these irregular proceedings had'then been recog- nized, and not aemurred to by me in each case, I would now be bound by the proceedings as if they were regular and lawful. December 21, 1889. The record of this so-called trial, as fur- nished to me under attestation (a copy of which I have kept for future use), makes it quite clear that it was one dominant mind, and not law or justice, that governed the proceedings. To establish all my claims, nothing could be more perfect than this record, notwith- standing it has undergone subsequent pruning for appearance sake. I had various records of information kept at the time, as to what took place, and on some essential points the record furnished by the Lodge to me is silent. A comparison with the stenographer's original notes (if a complete record of the proceedings was taken down) would be advisable, and I think instructive. January lO, 1890. The Deputy quite unnecessarily approved the findings, and the verdict rendered (the Code provides that a verdict shall stand without his approval), and he is in such haste to communicate the fact, that he invokes the aid of the telegraph to con- vey the " glad tidings." There was no necessity for haste upon the part of the Deputy acting for the Supreme Council ; the mail deHvery was regular, and the Lodge members would not meet together until the first Friday in February, when the information could be given to the brethren. The Deputy was personally in a great hurry. June, 1890. I was deprived of the privilege of using an appeal prepared on my behalf to the Council of Deliberation, by the neglect of the Deputy to call a meeting of the Council for the year 1890 (the only time it has been omitted in many years). The Council is usually convened during the time the Grand Lodge of the State of New York is in session. If the omission in this instance was intentional, zvas it a Masonic act towards a brother in distress, and appealing for assistance ? The neglect to call a meeting of the Council of Deliberation, had not the effect to distress me, but forced an appeal, as one of my reserved rights, as a Sublime Prince of the Royal Secret 32°, direct to the Supreme Council. There never was, on my part, the slightest shadow of expecta- tion of justice outside of the Supreme Body, after the known posi- tion assumed by the Deputy on the 12th day of May, 1889. I treated him, however, with courtesy, but it was only due to his exalted rank. His uncalled-for partisanship, and forgetfulness of the dignity due the Supreme Council, of which he is the representa- tive in this District, is to be regretted by every one. September, 1890. The action of the Supreme Council at Cleveland, Ohio, at this time, speaks for itself, and is fully discussed hereafter, vide post p. Ii. June 3,- 1891. At the meeting of the Council of Dfeliberation for this District; the parties heretofore controlling the matter were again in- control, aind as was naturally to be expected, they secured an endorsement of their own actions. In doing so they violated the most sacred right of an individual Mason, and in fact evaded the recommendation of the Supreme Council, whose reference of the matter to the Council of- Deliberation was " for such hearing and consideration as the laws provide." • There was no hearing of the case, there was no consideration of the case, except by a committee appointed- by the Deputy, if they gave it any consideration at all. I have my doubts about it, because of their action thereon. I have been amused at the efforts of the ignorant to imitate the learned; this case was no exception. You will recollect that my Appeal of September, 1890, to the Supreme Council, was referred to the Committee on Jurisprudence, the report of which, and the conclusions arrived at, as well as its recommendations, were adopted by the Supreme Council'. Those managing the matter in the Council of Deliberation assumed that they had a precedent for their guidance, and so attempted to follow the action of the Supreme Council. The cases were not analagous. In order to save the time of the Supreme Council, each Active Member was furnished with two copies of my Appeal, including all the data at my command. One copy they had before leaving their homes, and the other was deliv- ered to them at Cleveland, Ohio, so that they were "fully prepared and able to act intelligently upon the matter when it came before them. In the Council of Deliberation, however, the case was wholly different: here there was but one copy, and that was in the hands of the Deputy, for a hearing and consideration by all the members of the QoM1\z\\oi'D^■i!o&x^.'dQ^^, and not ostensibly accessible only to those who were most deeply interested in not having it read or a favorable action taken thereon. ■ I have been obliged to allude to the "Oath of Fealty" on several occasions, and I desire herein to say that it is to be found in nearly all of the printed publications of the Supreme Council, and is of the Constitution. OATH OF FEALTY. Art. 103, — An Oath of Fealty shall be taken and signed by every brother admitted from another Jurisdiction, and by every candidate receiving the Fourteenth Degree, and by every officer of every Body of the Rite before he shall be installed, and may also be required by the pre- siding officer or by the Body, of every candidate receiving the Sixteenth, Eighteenth and Thirty-second Degrees. When deemed necessary said Oath may, by the presiding officer of any Body, be required of any visitor. Such oath is in form as follows : I, the undersigned, do hereby promise on my word of honor, and swear true Faith, Allegiance and Fealty to the Supreme Council of Sov- REiGN Grand Inspectors-General of the Thirty-third and last Degree for the Northern Masonic Jurisdiction of the United States of America, sitting at its Grand East in the City of Boston, Massachusetts, of which the Illustrious Henry L. Palmer (or the M.'. P.'. Sovereign Grand Commander for the time), is the Most Puissant Sovereign Grand Com- mander, AND WILL SUPPORT and abide by its Constitution, Statutes, Orders, and Decrees. That! will hold allegiance to the said Supreme Council and be loyal thereto, as the Supreme Authority of the Rite, so long as I may con- tinue to reside within its Jurisdiction ; will hold illegal and spurious every other Body that may be established within its Jurisdiction, claiming to be a Supreme Council ; and every other Body of said Rite within the same Jurisdiction that does not hold its powers mediately or immediately from said Supreme Council, and will hold no communication whatever in Scottish Rite Masonry with any member of the same nor allow them to visit any Body of the Rite of which I may be a member ; AND I WILL DISPENSE JUSTICE to my brethren, according to the laws of equity and honor. And should I violate this, my solemn Vow and Pledge, I con- sent to be expelled from Masonry, and all rights therein, and in any Body of the Rite, and to be denounced to every Body of the Ancient Accepted Scottish Rite in the world AS A TRAITOR AND FORESWORN. AND MAY GOD AID ME TO KEEP AND PERFORM THE SAME. AMEN. I have specially indicated the parts to which I wish your par- ticular attention. It is this " Oath of Fealty " that makes YOU A Scottish Rite Mason, and any violation of it tacitly or otherwise IS REPREHENSIBLE in the extreme. The non-observance or setting aside of The Constitution and Regulations of the Ancient Accepted Scottish Rite by the Lodge, really takes its members out of the A. A. Rite of the Northern Masonic Jurisdiction ; the act not being contumacious in intent 8 may be pardoned ; yet a continuance would in fact be setting up a new and irresponsible Body in Brooklyn to which the present members owe no allegiance or fealty whatever. The final adjuration in the Oath of Fealty precludes the coun- tenancing in the slightest degree of any violation of your * - * as a Grand Elect, Perfect and Sublime Mason. This is the position the Lodge is placed in when its manage- ment threaten you with a charge of unmasonic conduct simply and solely because you insist upon the inviolability of the law, and the obligation taken to maintain it. It is TO THE SUPREME COUNCIL TO WHICH YOUR ALLEGIANCE AND MINE IS DUE; therefore we must, while serving in the lower bodies, conform to the rules of good govern- ment, giving way to the idiosyncrasies of the management if need be, but there is nothing therein requiring the giving up of your manhood or independence, TO the NEGLECT OF YOUR OWN SOLEMN DUTY TO THE Constitutions as you understand them. Those governing the Aurora Grata Bodies seek to place me as a delinquent to my vows before the world; they expect the Supreme Council to sustain them. Can they be serious in this expectation ? It is lamentable to see with what rancor a member of the Rite in this District can be persecuted for opinion's sake. It is degrad- ing to any body of men to conceive, adopt, and work the schemes that have thus far been successfully worked upon me in spite of all my humble efforts to withstand the power and influence of ofifice to put me in the wrong. Men with any instincts of honor would be ashamed, and true Masons, above all, would never knowingly coun- tenance the outrages. I have fought against, and I still am contending with, bad men for the proper maintenance of the teachings and the lessons required to be inculcated, and expected to be honestly practiced by all in the Rite, by the highest as well as the lowest in the ranks. • The Supreme Council over which the Illustrious Henry L. Palmer is the most Puissant Sovereign Grand Commander, is really supreme in the fullest sense of the word, and governs in the Northern Masonic Jurisdiction, to the exclusion of any other body or bodies of the Rite, and to this Supreme Council I shall again present my claim for the redress of grievances as I claimed from the very first. 9 To The Members of AuROi^A Grata Lodge of Perfection, Ancient Accepted Scottish Rite. Northern Masonic Jurisdiction, U. S. A. Resp. . ■ . Brethren : In view of the representations made to you, in regard to the object and aims of my efforts to bring about an observance of the Constitution and Regulations of the Supreme Council in the Lodge, it became necessary for me in September, 1890, to furnish you with a history of the case, and of the various proceedings made on my part, together with the correspondence, ofificial documents bearing upon the subject, and the proceedings in the Lodge, so far as they were accessible to me. This was done with a view to having the matter simply, clearly and conscientiously presented, leaving you to form such final judg- ment as an intelligent mind freed from bias would determine. My efforts have been to bring to your attention the result of study and research into the fundamental principles and laws upon which our Rite is based, and this has doubtless brought us to a closer criticism of the methods practiced in our Lodge, practiced by those under added obligations to observe the constitutional enact- > ments adopted for the perpetuity of the Rite ; and the neglect of which would naturally deprive us of the advantages and blessings arising from a strict observance of the fealty due to the Rite, and assumed by each one toward the other. I became dissatisfied with the arrogant manner with which the constitutional regulations were set aside and replaced by dictator- ships, assumed by the few for entirely personal ends. The measure of intelligence of these few, as to the aims and scope of the Ancient Accepted Scottish Rite, was of a limited character, and to such an extent only as to lead to unseemly administration in the presence of those upon whose minds it was their duty at least, to endeavor to impress the important teachings of the Rite. There was also, as you well know, a deterioration in the personal • element attempted to be introduced into the Lodge, through loose and unmasonic methods. lO This is, perhaps, the better illustrated by the narration of a fact coming under my own observation within the first year of my membership. A member of the Lodge, who stands deservedly high in the esteem of the fraternity, and whose name is a household v/ord for all that is pure in Masonry, objected (as I have several times done in a quiet way) to a candidate whom, for entirely personal ends, the management desired introduced, the better to serve other md ques- tionable purposes. The Brother's reasons for objecting were such as justified his action. The terms of Article 90 of the Constitution of the Supreme Council, adopted in 1885, gives the right to object, and prescribes the method : Wouldn't a Mason be derelict in /ns duty if he failed to object, to the introduction of a candidate whose life and character he had reason to doubt or disapprove ? In the case referred to, the Thrice Potent Grand Master calmly informed the Brother that he was but one, and the candidate pro- posed was good for at least forty more members. To this the Brother simply replied, that in the event of that particular candi- date being introduced for any such unlawful purpose, he would feel compelled to quit the Lodge. The candidate referred to was elected to membership upon an occasion of the objector's absence, and the degrees to the i6th were conferred upon him in ample form at special communications held upon the same evening upon which the Chapter of Rose Croix met, and to which the candidate was hurried, presented, and there con- summated his membership in all the Aurora Grata Bodies on one and the same evening. 1 have no doubt that the " forty more members " herein alluded to, formed the larger part of the adverse seventy-one votes against me in the Lodge having a membership of nearly or quite five hundred. This incident only illustrates my reasons for opposition to " QUANTITY versus QUALITY." My "Appeal to. the Supreme Council" in September, 1890, was referred to the " Committee on Jurisprudence," which upon the 17th day of that month reported as follows: II I Northern Mass.\ Jurisdiction of the U. S. In Supreme Council, 33°, Annual Session at the city of Cleveland, Ohio, September 17th, 1890. The Committee on Jurisprudence, to whom was referred the appeal of James Stuart Gillen, 32", in regard to certain proceedings against him in Aurora Grata Lodge of Perfection in December, 1889, have duly con- sidered the papers referred to them. These papers are not in themselves sufiftciently complete as a record to enable your Committee to pass upon the merits of the issue between the member and the Lodge. Nor could, in "the ordinary duration of the Session of this Supreme Council, the records be so far completed as to enable the Committee to carefully consider and report conclusions thereon. The rules and regulations provide that appeals of the nature of this one should be usually made in the first instance to the Council of Delib- eration of the State where the matter arises, and the rules of the Council of Deliberation for New York make other and further provisions for an appeal to that body. The statement of the petitioner is to the effect that more than five members of that Lodge have joined him in preparing an appeal to the Council of Deliberation ; thus in whatever light we view the effect of the vote of the Lodge, as stated by him, the jurisdiction of the Council of Deliberation for New York to entertain an appeal appears to be ample. The failure of the Deputy for that State to call a Council this year has not destroyed or impaired the right of the appellant to present his case to that body fo.r such hearing and consideration as the laws provide. Such a hearing can be had with less delay than the case could be prepared by your Committee and reported to the Supreme Council, and is the regular method of proceeding. Your Committee recommend that the papers be referred to the Illus- trious Deputy for New York, with directions also to receive from Brother Gillen, and from any five or more of the Grand Elect, Perfect and Sub- lime Masons, members of Aurora Grata Lodge of Perfection, such appeal to the Council of Deliberation as they desire to make from the action of Aurora Grata Lodge, and that in case such action is appealed from — he convene the Council and report its proceedings to the Supreme Council at its next annual session. Respectfully submitted for the Committee, CHAS. LEVI WOODBURY. On motion, the report was received and the recommendations adopted. The foregoing is a true copy of the records. A. P. MORIARTY, 33°, [l. s.] . Assist .'. Gr .•. Secretary-Gen .'. 12 I was not furnished with an official copy of this report until the 2oth day of December, 1890, and then only by order of the Sover- eign Grand Commander, after application was directly made to him. I was not at all surprised by this too apparent attempt to thwart and impede my proceedings, owing to my apprehension of the lean- ings of officials in this District favorably towards the management of the Aurora Grata Bodies. There were others of whosQ, action I had the right to complain of, and which is made quite apparent later on, wherever occasion made it necessary for me to ask for advice or official documents that were my due. There are many evidences of unfraternal action against me, and against which I have had to contend, but I am patient and still tenacious in defence of my personal rights. At the meeting in October, 1890, the management of the Lodge (as I am informed) took occasion to state that this, referring to the action of the Supreme Council, " virtually ended the matter;" and the Illustrious Deputy subsequently added, " that it virtually referred the matter to him, to do what he liked with it." I fail to view it in either light. The Supreme Council, in the adoption of the report, not only defined a duty but imposed one upon me, and I as soon as practi- cable gave the report studious consideration, that I might fill my obligations to the full measure. To that end, on the 14th day of February, iSgi, I wrote to the Lodge as follows : To THE Thrice Potent Grand Master, Wardens and Brethren OF Aurora Grata Lodoe of Perfection, A. A. S. Rite, N. M. J. U. S. A. Valley of Brooklyn, New York. Respectable Brethren : It is my intention to take the action that the Constitutions, Regula- tions, Laws and Requirements of the Supreme Council of the Ancient Accepted Scottish Rite in this Jurisdiction justify, direct and warrant me in taking, in the defence of my personality. To the end that justice may be done to all, and that my renewal of appeal may be deprived of every ex-parte appearance, I respectfully ask to be furnished, for the use as stated, with copies of the evidence, and '3 the full names of the several witnesses testifying May i8th and December 2 1 St, 1889, as well as with a copy of the record of the proceedings in con- nection with the action of the Lodge June 7th and December 21st, 1889. Yours respectfully, JAS. STUART GILLEN, 32° Ten days later, on the 24th, I received the following reply : To Jas. Stuart Gillen, Esq. Dear Sir : I have to acknowledge the receipt of your communica- tion dated Feb. 14th, and have referred the same to the 111. Deputy for the State of New York, John Hodge. All matter referring to your case with the Aurora Grata Lodge of Perfection is now in his hand's. By addressing him, care of Lockport, N. Y., I feel quite sure the proper attention will be given to your commu- nication. Yours, etc., EDWIN K.NOWLES, 33°, T. P. G. M., Aurora Grata Lodge of Perfection. It is even in this shown that the official management consider themselves (excluding all other memberships) to be the Lodge proper, otherwise why this unusual assumption of responsibility in answer- ing a communication addressed to the Lodge, and which should have been officially submitted to it for a direction as to any action in its name ! This .same official, in ignorance of law, and in greater violation of his duty, has at other times assumed to suppress communications which were the property of the Lodge. You must, I think, agree with me that it is this assumption of authority and tacit freedom from accountability, that emboldens the manageunent of the Aurora Grata Bodies in their proceedings ; they in fact, ignore the Supreme Council by violating its Constitution and Regulations, and by the assumption of functions reserved to itself by the Supreme Council. This is ignorance and not defiaace, but it is rebellion neverthe- less, and you cannot put any other construction upon it. On the stb day of March, I wrote to the 111..-. Deputy : 14 John Hodge, 33°, III..". Deputy of the Supreme Council,- Ancient Accepted Scottish Rite, Northern Masonic Jurisdiction, U.S. A., for the District of New York. LOCKPORT, N. Y. Ven. .-. Bro. : Oa the 14th ultimo I wrote to the Thrice Potent Grand Master, Wardens and Brethren of Aurora Grata Lodge of Perfec- tion, as follows : " It is my intention to take the action that the Constitutions, Regula- tions, Laws and Requirements of the Supreme. Council of thft Ancient Accepted. Scottish Rite in this Jurisdiction justify, direct and warrant liie in taking, in the defence of my personality. "To the end that justice may be done to all, and that my renewal of appeal may be deprived of every ex-parte appearance, I respectfully ask to be furnished, for the use as stated, with copies of the evidence, and the full names of the several witnesses testifying May i8th and December 2 1 St, 1889, as well as with a copy of the record, of the proceedings in con- nection with the action of the Lodge, June 7th and December 21st, 1889.''' To which I have received reply over the signature of Edwin Knowles, 33°, under date of 24th ultimo : " I have to acknowledge the receipt of your communication, dated February 14th, and have referred the same to the 111. .'. Deputy for the State of New York, John Hodge. " All matter referring to your case with the Aurora Grata Lodge of Perfection is now in his hands. By addressing him, care of Lockport; N. Y., I feel quite sure the proper attention will be given to your communication." It does not seem to me exactly the thing for you to be unnecessarily burdened with the duties of the Lodge ; but I presume there is an under- standing of some kind to justify this reference to you. Respectfully, etc., J AS. STUART. GILLEN. The following reply was received on the 23d.: , . Office of the Deputy of the Supreme Council 33°. FOR the Northern Masonic Jurisdiction OF th-e U. S., District of New York. LocKPORT, N. Y., March ig, iSgi. James Stuart Gillen, Esq., No. 59 Wall Street, , , New York City. Dear Sir and Bro..\—\oxix favor of the 5th iiist. at hand and con- tents noted. I hold that the action of- the Supreme' Council, i 7th Sept. 1890 (see Transactions, pp. 41-42), in connection with your "Appeal" exclusively defines my further official relations with the matter wherewith my attention is invited. Henqe it would appear that I have no immediate Official Jurisdiction ■ thereof, nor any case to pass or act upon any suggestions in connection therewith. Fraternally yours, John Hobge, 33°.'. Deputy for New York. This letter as a philological production is unique, and it merits study on the part of the reader. The 111. .■. Deputy no doubt intended to inform me that he had directed the documents to be furnished in part ? because on the 4tb day of April, at 6 P. M., I received the following letter : Valley of Brooklyn, April 4th, 1891. ' James Stuart Gillen, Esq., Sir :— At the request of the Illustrious Deputy, John Hodge, I here- with enclose a copy of the minutes and proceedings of the special com- munication of " Aurora Grata Lodge of Perfection," Valley of Brooklyn, which was held on Saturday evening, Dec. 21, 1889. Very respectfully yours, Edwin Knowles, 33° T. P. Grand Master Aurora Grata Lodge of Perfection. This was replied to on April 7th, 189 1 : Edwin Knowles, 33° T. .-. P. .-. G. .-.Master, Aurora Grata Lodge of Perfection, A. .-. A. .-. S. .-. Rite, N. .-. M. .-. J. .-. U. .-. S. .-. A. .-. Valley of Brooklyn, N. Y. I am in receipt of yours of April 4th, covering "A copy of the Min- utes and Proceedings of the Special Communication, of Aurora Grata Lodge of Perfection, held on Saturday, December 21, 1889. I notice, however, that the said document is not 9,uthenticated as it should be for the purposes for which I intend to use it ; and I take this opportunity to advise you of that fact. If you desire it returned to be perfected, I will meet your wish ; otherwise I should be advised that no question will hereafter be raised as to its correctness. I am particular at this time, as circumstances I am advised justify me in being exact in a matter of so much importance to the Rite. I prefer that the minutes be fastened in usual manner, and bear the seal of the Lodge, which would prevent any; doubt in the future as to its authenticity. Awaiting your early reply, I remain, etc., JaS. 'STUAR^T GiLLEN, 32° I6 Aurora Grata Lodge of Perfection, Valley of Brooklyn, April 13, 1891. James Stuart Gillen, Esq.: If you will return to me the copy of the minutes sent you some time ago, I will see that they are properly approved by the Secretary and the seal of the Lodge attached. I remain, yours, etc., Edwin Knowles. 10 Monroe Street,* } Brooklyn, April 15, 1891. j Edwin Knowles, Esq.: Yours of 13th received, and in compliance with your request, you will please find herewith the document received in yours of 4th instant. Yours, etc., James Stuart Gillen. I gave the III. .•. Deputy's letter of 19th March consider- able thought, and deeming it proper that some acknowledgment should be made to it, I wrote to him unofficially as follows : 10 Monroe Street, ) Brooklyn, April 24, 1891. f III. .". John Hodge, Lockport, N. Y. Sir and Bro. — Your official communication of rpth (P. M. 21st) ulti- mo, in reply to mine of the 5th of same month, came in due course of mail. Illness has prevented a prompt acknowledgement of the very peculiarly constructed communication, until I was able to give it studious and thoughtful consideration. On the 4th instant I was surprised to receive a registered letter with the named contents as under : "Valley of Brooklyn, April 4, 1891. '■James Stuart Gillen, Esq., " Sir: —At the request of the Illustrious Deputy, John Hodge, I here- " with enclose a copy of the minutes and proceedings of the Special com- " munication of Aurora Grata Lodge of Perfection, Valley of Brooklyn, " which was held on Saturday evening, December 21, 1889. Very respectfully yours, " Edwin Knowles, 33° " T. P. Grand Mailer, Aurora Grata Lodge of Perfection?' The document referred to therein was subsequently recalled for purposes of attestation and has not been returned to me. 17 It is gratifying at this late date to see any evidence of the proprieties being invoked in the interest of this subject. Now, Brother Hodge, your whole course towards me in this unhappy controversy has been the reverse of brotherly. Wrong in your premises and so vacillating withal as to make me feel that your acts were unworthy of one occupying an exalted position in Masonry. I am wearied of the unmasonic manner in which my claims to you for fraternal protection have been officially ignored, and I am at last forced to believed that your conception of official duties is to possess the power and influence of office, anticipating favor from those interested in the use of them and thus preventing my every effort to have a fair and impartial trial, to which every honest man knows I am entitled by any and all the principles of the A. A. S. Rite, its constitutions and codes. At this late date, after two years' effort,'! see nothing encouraging for me under your jurisdiction in this District. The indifference of a majority of the Supreme Council leads me to doubts, and why.' I will leave you to surmise; nevertheless I shall con- tinue to demand an expression of opinion from the best legal minds in the Rite. I write to you now personally, in plain Anglo-Saxon, for I have noth- ing to hide. I have been true to my principles all through, as you must admit, and you ought to appreciate my frankness, when I tell you, that you have evidently overlooked the fact that you outside of the A .". A .'. S . Rite owe to me and to Masonry a duty, which duty outranks and antedates other obligations and allegiances. I have endeavored from the first to keep this plainly before your mind ; vide my letter to you of December 27, 1889. In this connection I would also call your attention to Article XIII., Statutes of The Grand Lodge of Free and Accepted Masons of the State of New York, which reads : " When a duty is imposed, its neglect or violation, without excuse "shall be considered an offense against Masonic law." I have yet to find one intelligent Brother who is willing to make any excuse for your unmasonic actions. I find now that I shall be obliged to ask The Grand Lodge of Free and Accepted Masons of the State of New York, in which we are on a more equal footing, to investigate the subject of my grievances against you as a Mason, and it is becoming in me, I think, to give you this notice, that you may not be surprised or unprepared. This course you force upon me, and I am really very sorry, but think- ing Brethren agree, that whatever the consequences, you should not blame me. Perhaps it would appear right in your judgment that I should urge you to resign ; but absurd as it is, to my mind, yet you are on record as urging and advising such a course in my case, which is equally absurd, and perhaps you will now so see it. Respectfully yours, JAS. STUART GILLEN. The request of 14th day of February had only been partly compHed with, so that I was obliged to write to the Lodge To the Thrice Potent Grand Master, Wardens and Brethren, of Aurora Grata Lodge of Perfection, A. .-. A. .-. S. .-. Rite N. .-. M. .'. J. .-. U. /. S. . . A. .-. Valley of Brooklyn, N. Y. Jiesp. .'. Brethren. — On the 14th day of February last I made applica- tion to you for " copies of the evidence, and the full names of the ■' several witnesses testifying May iSth and December 2 ist, 1889, as well as " with a copy of the record of the proceedings in connection with the " action of the Lodge June 7th and December 21st, 1889." Those of December 21, 1889, I have already acknowledged receipt of; those of May 18 and June 7, 1889, have not yet been furnished to me. As only a limited time remains now for their use, no further delay should occur in transmitting them to me; you having been previously advised that they were necessary to my legal defence. Yours respectfully, JAS. STUART GILLEN, 32° Brooklyn, May 6, 1891. The needed documents finally came to hand on the even- ing of May i8th. I had in the meantime abandoned the expectation of getting them, fearing that the delay was inten tional to prevent the proper presentation of my appeal to the Council of Deliberation convened for June 3d. I hastened the appeal with what was at my command, and forwarded it to the Deputy on the 20th day of May, 1891. The correspondence and the appeal speak for themselves. \ 19 10 Monroe Street, Brooklyn, New York. Ill .■. John Hodge, 33° Dep7ay of the Supreme Council, A. :. A. :. S. :. Rite N. :. M. • J. .'. U. :. S. :. A. :. for the District of New York : Lockport, N. Y. Sir: — In accordance with the resolution (in the matter of my appeal) by the Supreme Council A./. A. .-. S. .-. Rite, N. .-. M. .-. J. .-. U. .-. S. .-. A. .". adopted on the 17th day of September, 1890, at the annual session held in the city of Cleveland, Ohio, The undersigned sends herewith his appeal and that of more than five Grand, Elect, Perfect and Sublime Masons, members of Aurora Grata Lodge of Perfection, for presentation to and for the action of the Council of Deliberation for the District of New York. Unexpected and unnecessary impediments causing delay, in furnish- ing properly attested documents necessary to be presented with these appeals, have prevented a full compliance with the directions of the Supreme Council at an earlier date. The undersigned, therefore, respectfully requests that these appeals and the accompanying documents be received ofificially by you, and duly presented to the annual convocation of said Council of Deliberation con- vened for Wednesday, the third day of June, rSgi. The copies of evidence and record of proceedings of Aurora Grata Lodge of Perfection, had on the 21st day of December, 1889, were received on the 4th day of April last, but copies of the evidence and record of proceedings of May i8th and June 7th, 1889, asked for in the letter to you of March 5, 1891, were not furnished until night before last, although another application to thei T. .". P. .". G. .'. M. .'. of said Lodge was made as late as the 6th instant. I assumed that the said officer had only partly complied with your instructions, hence my application to him. You will please let this letter serve as an amendment of that part of my appeal, so far as the same relates to the documents, just at hand, which will be forwarded to you for attachment as Exhibit D to the other papers, as soon as properly examined by me. Yours respectfully, JAS. STUART GILLEN, Dated May 20, 1891. 32" To the Council of Deliberation for the Bodies of the Ancient Accepted Scottish Rite for the District of New York. Illustrious Brethren : In accordance with the views of the Supreme Council of Sovereign ■Grand Inspectors-General, of the Thirty-third and last Degree of the Ancient Accepted Scottish Rite of Freemasonry, for the Northern Masonic 20 Jurisdiction of the United States of America, vide Exhibit hereunto ,marked A : And also in conformity with the requirements of Sections 6 and 7 of Article loi of the Constitution of said Supreme Council, adopted in 1885, hereunto attached and marked Exhibit B ■■ ' The undersigned appellant herewith submits for consideration, a transcript from the records of a communication held by Aurora Grata Lodge of Perfection, Valley of Brooklyn, on the evening of Saturday, December 21, 1889. And I, Tames Stuart Gillen, 32°, feeling myself personally an(f mason- ically aggrieved by the action of the said Aurora Grata Lodge of Perfection, as set forth in the said transcript marked C, entitled " The record of the trial of III. .'. James Stuart Gillen, 32° (as per attestation), and as a Mason of the 32° of the A. .'. A. .". S. .'. Rite of this jurisdiction, respect- fully complain of injustice generated wholly through either ignorance or malice, and by these presents I fraternally ask and demand that the judg- ment of expulsion recorded in said Aurora Grata Lodge of Perfection, be set aside and declared null and void. Fir-it. — Because the penalty inflicted is the extreme penalty for any offence against Masonic law, and its infliction for the alleged offence is absurd and unwarranted by the charge and specifications, as well as by the recorded proceedings adduced in support of the same. Second. — Because the charge and specifications as recorded zx^ friv- olous and untruthful as to fact, and even if they were truthful and proven^ are not in violation of any constitutional enactment of the Supreme Council, or the Ancient Landmarks of Freemasonry. Third. — Because this appellant has repeatedly "demanded a fair anl honorable trial in accordance with the principles of the Order, as is his constitutional right, and he has refused to submit to, or participate in any other proceedings, because he knows that the methods adopted by Aurora Grata Lodge of Perfection in the ex-parte proceedings, were for the pur- pose of suppressing the truth, covering the ignorance of the management, and^ intimidating this appellant, while they were well aware of his entire innocence of the charge. Fourth. — Because the said record shows (pages i and 2) that the said proceedings and so-called trial claimed to be under the provisions of Sec- tion IS, of the Code of Procedure, adopted by this Council of Delibera- tion in 1885, which are alternative and to be legally availed of only in strictly new matter. It should be known as a matter of history that the provisions of this section were enacted for a very different, and for a specific purpose, and they are not intended to cover any such alleged offence, of which this appellant is charged. 21 /^i/M.— Because the provisions of Section 15 of the Code of Pro- cedure adopted by this Council of Deliberation in 1885, are in violation of the provisions of Article 103 of the Constitution of the Supreme Coun- cil adopted in 1885 (subsequent to the adoption of the Code of Proced- ure by this Council of Deliberation) and which Article consequently takes precedence of, as well as annuls, said Section 15, inasmuch as the said Article 103 of the Constitution requires all members of the Rite to ■dispense justice to the brethren in accordance with the laws of " equity and honor." Sixth.— Because, even if the provisions of Section 15 w«re otherwise applicable, they were used unconstitutionally and in violation of the terms and requirements of Article 103 of the Constitution, inasmuch as the Aurora Grata Lodge of Perfection had already, six months previously, passed judgment upon the same subject matter, say upon the 7th day of June, 1889, and the Lodge could not, therefore, agreeable with the laws of equity and honor " sit in judgment a second time upon what was virtually the same charge and specifications ; the first charge and specifications still remaining on record, and not having been either annulled or withdrawn. Seventh. — Because, the Lodge violated the principles of the Code of Procedure adopted by. this Council of Deliberation in 1885, which are "to give the accused a fair and impartial trial, and at the same time carefully protect the fair name, honor and integrity of the Order." The transcript shows that these principles were entirely ignored, and that prejudice and malice governed the entire proceedings. Eighth. — Because, the Lodge violated the requirements of Section 15 of the Code which gives the right as well as the privilege of presenting an excuse, the sufficiency of the excuse (this section provides) must be deter- mined by the body. This privilege was availed of by this appellant, but the sufficiency thereof was undetermined, and its- advantages denied to this appellant. This appellant coupled the communication to the Lodge with a demurrer, which was to be presented to the Lodge at the proper time by the hands of a 33° Mason. It was rudely taken from the S. .'. G. .'. I. .". General by the Thrice Potent Grand Master, who not only refused the usual permission to have the paper read at the proper time, but improperly took possession, retained, and illegally suppressed it. This the Thrice Potent Grand Master did in contravention of his duty as Master under the law, which required him to submit it to the Lodge. The document was officially addressed to the Lodge, and the record IS PROOF, that neither the excuse or its sufficiency, was acted upon by the members of the Lodge as required by the terms of Section 1^ of the Code. Therefore, /i?/- this reason alone, the entire proceedings were defective, improper, and irregular, and consequently void in law, as well as in " equity and honor." 22 Ninth. — Because the principal witness against me was, and is, notoriously prejudiced, his testimony may be treated as absolutely fake, be- ing such a malignant distortion of fact, and perversion of sense, as to make the whole of it untrue, and because it was for the main part imagined and fabricated for the purpose of injuring this appellant, masonically, and otherwise. The provisions of Section 7 of Article loi of the Constitution of the Supreme Council, adopted in 1885, declare that " the Council of Delibera- tion may grant a new trial for reasons not appearing in the transcript, if IN ITS JUDGMENT justice requires it." This appellant, therefore, presents other and additional reasons why this Council of Deliberation should declare the entire proceedings and judgment null and void. , i^rj-^— Because the entire proceedings, with the judgment obtained, are the result of a conspiracy entered into for the purpose of injuring this appellant, masonically, and otherwise. Second — Because in furtherance of the conspiracy, the Illustrious Deputy of the Supreme Council was unduly and improperly influenced to try, by every endeavor, to force this appellant to ask for a dimit from said Aurora Grata Lodge of Perfection, as if he were a public criminal. This appellant was at the time laboring innocently under charges against which he has only asked, and asks'again at your hands a fair and honest trial. Third — Because anterior to the date of any so-called trial, say on the x^th day of May, 1889, the Illustrious Deputy caused it to be written as from himself : " /if is advisable for Bro. .'. Gillen to at once take a dimit, if possible, from Aurora Grata Bodies of Brooklyn and not permit his matter to go to trial, for he has no possible chance to come out victorious." I scornfully answered this message, writing : " / look upon this suggestion not to defend myself as an idea improper for " any honest man to consider as otherwise than the emanation of a tnind " cowardly by circumstances and corrupt by nature." I was loth to believe that any exalted in the A. and A. Rite could be found entertaining such ideas, the known possession of which under the circumstances, should consign them to ostracism from the society of men and Masons. The writer of the message, fearing that the suggestion might be laid at his own door, hastened to disclaim his responsibility therefor, writing back upon the same day : 23 Which suggestion CAME directly, solely and entirely /rt^w Mi? Deputy of the State. Vou are at liberty to communicate with the Deputy upon the authenticity of this mattery I now know that my reply furnished grounds for additional virulent animus on the part of the conspirators, men incapable of fully appreciat- ing my sentiment, as they merely characterize my reply a rebuff. There is no excuse for the Illustrious Beputy in his official position unnecessarily and without warrant giving an approval to the proceedings and judgment of December 21, 1889 (the Code provides that it would stand without approval), and hastening to telegraph the glad tidings of his sub- serviency to the Thrice Potent Grand Master of the Lodge on January 11, 1890, and failing to give me any notice of his action officially or otherwise. You will learn with surprise that the message and my answer as quoted above, were written early in May, 1889, and anterior to the first so-called trial of May 18, 1889, and ratified by the Lodge on the 7th day of June, 1889. The Council cannot hut accept this as clear that the case against me was prejudged, and that I was convicted by dictation before trial, in violation of any masonic law, as well as in violation of all constitutional rights. Fourth. — Because the Illustrious Deputy was derelict in his duty by not forbidding, but rather countenancing and ignorantly encouraging these proceedings after being put upon inquiry, and advised that the action was illegal and wholly in violation of masonic law, and especially in view of a probable violation of his /««//)' promised to and by all of the members, one towards the other, of the Ancient Accepted Scottish Rite in this District. Fifth. — Because the said Illustrious Deputy the second time (and after the proceedings and judgment in the first ex-parte and so-called trial had been declared "Void and of no effect," the virtual order of the Supreme Council) did really, in effect, attempt to improperly influence him, this appellant, to resign before a new trial could be had, by writing ^^ why not suggest to Brother Gillen to dimit from all the Brooklyn bodies." This was in November, 1889, and is a reiteration of the previous declaration under the head of reason Third, showing a great lack of official conscientiousness, a want of strength to stand up with manliness to defend the oppressed, but weakly, continuing by the influence of bad counsel, to aid the conspirators, those who were determined through him to avoid before fair or reasoning minds, a proper trial. The proceedings and judgment now under review by this Council of Deliberation, by order of the Supreme Council, were, I am bold and frank to say, instigated in the first instance solely for the purpose of intimidating this appellant; they are wholly unmasonic, and without merit, as will be proven to all fair-minded men if the opportunity is granted. 24 Sixth. — Because the animus against me still exists, as is clearly shown by the refusal of the Illustrious Deputy on the 19th day of March, 1891, to furnish the needed copies of the record, or transcript of the proceed- ings, had on the 1 8th day of May, 7th day of June and 21st day of Decem- ber, 1889. He knew, or should have known, that Section 7 of Article loi of the Constitution, adopted in 1885, made copies of the said transcript a neces- sary accompaniment of this appeal, and I was entitled to it as a matter of right. ^ 5 Seventh. — Because, while for some reason the Illustrious Deputy sub- sequently changed his mind, and directed this appellant to be furnished with a copy of the transcript of the proceedings held on December 21, 1889, he has altogether neglected so far as I can learn, to instruct the Lodge to furnish the needed transcript of the proceedings held on the i8th day of May, and 7th day of June, 1889, all important to this appell- ant to be attached hereto, inasmuch as the charge and specifications form- ulated on the 3d day of May, 1889, and those formulated, on the 21st day of December, 1889, are virtually the same, and consequently the transcript withheld, being a part of the record, should also be presented to this Council of Deliberation, and particularly as the charge and specifications formulated on the 3d day of May, 1889, have never been, or were not abrogated on the 21st day of December, 1889; the proceedings of that date were simply continuous and the proceedings heretofore had have in fact been but one. Eighth. — Because this appellant holds evidence both documentary and otherwise, to prove every claim made, and position taken herein', except perhaps the construction of law, upon which he not only expresses his opinion, but is confirmed in his judgment thereof by many learned brethren of the Rite. And now brethren of the A. .". A. .-. S. .'. Rite, to whom this petition is presented and to whom it may hereafter be read, or to whoever may hereafter peruse it, I desire to say that I have the fullest confidence in, and admiration for, the teachings of Masonry, and especially entertain an exalted opinion of, and a sincere belief in, the benefits to mankind in the proper administration of the tenets of the Ancient Accepted Scottish Rite. The position I have beei) placed in by the malignancy of a voting majority of the few brethren of my Lodge, has unfortunately been brought about by the sacrifice of right, honor and justice ; for be it understood that I have discountenanced, and forbidden my friends participating in the proceedings, as only tending to create disturbances which would be out of place in a Masonic Lodge. 25 Whatever methods 1 may have tried to inaugurate for the government of the Lodge within itself, and to correct irregularities, and violation of constitutional regulations, were such, and only such as were prescribed l>y the Supreme Council itself, and no one can gainsay it, no one could truly say that the eflfect could be injurious to the Rite in any sense. No one could say that the effects intended would not have been bene- ficial. No one could say that any action of mine within the Lodge was otherwise than the proper action of a man having the interest of his Lodge truly at heart. No one can say that I was ambitious, or desirous of preferment, and no one thought me abandoned, or of such a standard, as to "be unfitted for service in the Rite generally. No one deemed me guilty of any crime. No,. brethren, No ! No ! ! I have been abused, and Masonry itself has been mocked at, in the pecu- liarly obscene way my personality has been attacked and defamed, the principles of Masonry have been trodden under foot, opposing me for purely personal ends ; animus and malignant prejudice has been nurtured, and persevered in for unwholesome motives and ambitious designs. My presence, my membership, my influence', my very self was a bar to the few active managers who desired full control of the very consciences of every one who came within the pale of the Lodge, and so every wicked effort was made to remove what was deemed an obstacle to their designs, and these designs were not above suspicion. It was my continued and persistent endeavor to prevent the introduc- tion of quantity in preference to quality. I fought against a lower standard of character in the Lodge, and such is the true and fundamental princi- ples by which all honest men should be governed. There was a certain growing element that was perceptibly lowering the standard of the Lodge, and the officers were too evidently influenced by the promises generally relied upon through the mystical influence of One hundred G. .'. E. .'. P. .'. and S. .". Masons. This had no attraction for me, nor could the antagon- ism of the many swerve me from the path of duty. The Rite is not benefitted by the egotistic desires of ambitious Masons for rank and ofifice, and no one will deny, that the buying of favor in masonry, in the expectation of power and influence, is on a par with bribery and corruption in other matters, for which heavy penalties are .properly inflicted. This, brethren, is the true foundation of all there is to be said or claimed against me, and for this I am expected to be patiently satisfied and sacrificed, the latter not only within the body in which the wicked animus emanated and exists,' but I am invited to permit myself to be treated with ignominy ; to voluntarily go about outside the pale of Masonry, to stay there at the will of unscrupulous and dishonest men, 26 under the assumption that falsehood is truth, and that purity is error. I cannot submit to this, and I do not in any event propose to do so. I have asked for a fair and honest trial of the charge against me. I have prayed the Illustrious Deputy to protect me; he did not know how. I have appealed to the Supreme Council and I am referred to this Council for relief. I now ask that all the proceedings against me be declared null and void, and that the same be by this Council of Deliberation duly certified to the Supreme Council as required, and your appellant served with a copy thereof. My situation has forced me to strange thoughts, and perhaps my feel- ings being wrought to a high pitch, by the treatment I have received, and thoroughly wounded as I am at heart, perhaps an excuse may lie with you for my earnestness in language and the force of it, but ere criticising, let each one ask the question to himself, " What would T do if similarly situa- ted?" It is evident that if the answer is not favorable to my de.vaa.n6. for a fair and honorable trial, the answer must be against and prejudicial to the Rite itself which denies it, and therefore I confidently rely upon your fealty to it and to Yours in the sacred numbers, JAS. STUART GILLEN, 32° Dated Brooklyn, May 20, 1891. III. .■. John Hodge, 32°, Deputy of the Supreme Council A. .'. A. .'. ^5". .'. Jiite, N. .'. M. .". J. :. U. .'. S. .'. A. .'.for the District of New York : Lockport, N. Y. Sir: — In accordance with the promise to you of 20th inst., I send herewith "Proceedings of Aurora Grata Lodge of Perfection," May 18, 1889, with minutes of a communication of the said Lodge, held on June 7, 1889, both to be presented for action of the Council of Deliberation as Exhibit D in connection with my appeal. Yours respectfully, JAS. STUART GILLEN, 32°. Dated Brooklyn, N. Y., May 25, 1891. I desire to call your attention to the parts of the appeal to the Council of Deliberation that I have italicized. It will be noticed that the appeal is based upon the following grounds : First — That the charge and specifications are frivolous and untruthful, and that no one act of mine charged therein, even if true, is a violation by me of aijy rule or enactment of the Su- preme Council, or of. the Ancient Landmarks of Freemasonry. 27 Second— Th3it Section 1 5 of the Code under which the so-called trial was held, was violated by the Lodge in its most essential requirements. Tke record furnished by the Lodge is proof of this. Third — That no unbiased, just mind can exonerate the management of the Lodge, when from bad temper it attempts for the second time to sit in judgment upon a matter, upon which it had previously passed judgment. For this there can be no excuse, inasmuch as there were other methods at hand by honest effort to furnish a proper trial. It is admitted, as I have been told, that the action taken by the management from the first, and followed all along, was thought advisable, considering official influence in aiding the accomplish- ment of their desires. Fourth — That the records as furnished under attestation, I am prepared to show, are a wilful, malignant and intentional misrepresentation of facts. The arbitrary acts of the officials secur- ing a complete violation of my rights and privileges, such as are always granted to an accused brother, and further, that an evilly- disposed and dominant mind was the only law the management felt under obligations to respect. Fifth — Conspiracy : Webster defines conspiracy : {a) A combination of men for an evil purpose : (J}) An agreement between two or more persons to com- mit some crime in concert : {c) An agreement for the purpose of wrongfully prejudi- cing another : {d) To insult public justice: [e) A plot: Original documentary evidence, now conditionally in my pos- session, has been seen and read by many of the brethren, and which you will find partially quoted in my appeal under the head of Additional Reason Third, but sufficient to sub- stantiate the charge that a determination existed to force a verdict against me by aid of official dictation. Triers thus se- 28 lected were only automatons ; indeed, as /much as this has been ingenuously admitted by one of those who sat in judgment upon me on the i8th day of May, 1889. Sixtk— That I am fully prepared, and I have been ready from the very first, for the trial 'of any and every one of the frivo- lous offences charged against me, provided it was done honestly under the provisions made (and there is more than one provision) through the laws of the Rite. I have done everything that an honest man could do to obtain such a hearing. I have furnished information as to the legal provisions made for such cases, showing the particular parts of the Constitution and Code bearing upon the subject, and of which the management seemed to be unaware. I have been mis-under- stood and encountered antagonisms and methods, that should cause the brethren to blush with shame because of the indig- nities attempted in the name of the Ancient Accepted Scottish Rite. The Council of Deliberation itself, or the object for which it was instituted, has been subverted. There has been no delib- eration in my case, as contemplated by the Supreme Council, but only such a use of those parliamentary technicalities usually adopted where it is deemed advisable to check debate, or prevent a ref- erence for deliberation, or the discussion of matters before a body. The appeal and accompanying documents were not as required by the resolution of the Committee on Jurisprudence presented nor even read in the body, but simply referred over to, and passed upon in a Committee selected by the 111. .-. Deputy, without a hearing or an opportunity for discussion pro or con ; and the ex- parte recommendation of the Committee was put to vote, and adopted by the Council, upon the mistaken belief that the Com- mittee was dealing understandingly with all the matters. To the reader versed in parliamentary proceedings, it will be apparent that the object of the appeal and the intent of the Supreme Council was ignored, and entirely frustrated by this practical evasion of duty. 29 The appeal inculpates the 111. .-. Deputy of the Supreme Council, as well as the Commander-in-Chief of Aurora Grata Consistory. The first is accused with being weakly influenced to do me harm, and that this is shown by letters of his confidante in this matter ; I am informed that the Deputy denies having authorized the writing of the letters, but admits having had an interview with the writer of them on the I2th day of May, 1889 (the night before they were written), parting only with the understanding that his confidante was on the next day to visit Wall street in furtherance of the plan of operations then agreed upon. I have quoted sufificient extracts of these letters to show that unmasonic proceedings were then and there inaugurated. The Deputy admits this, but differs only as to the " modus operandi'^ by which his object was to be accomplished : and my masonic standing impaired, whether innocent or guilty. I may here say that it was the state- ments in these letters, coming with the authority of the 111. .'. Deputy ; that there was no escape for me from an adverse decis- ion (mind you, before a hearing of my defense), that decided the belief within me and my friends, that a fair trial was to be denied me if possible. The effort has been successful thus far. It may refresh the memory of the 111. .•. Deputy if I give him the beginning of the first letter of May 13, 1889. I therefore quote literally : '''My Dear III. .'. Bro:—La.sl evig I had quite an exhaustive inter- view with Bro. John Hodge, Deputy of S. N. Y. A. A. Rite. I am instructed to confid.entiall)' write you that it is advisable," etc. The balance of the sentence will be found pp. 22-23 under the head of Additional Reason Third. The quotations given are taken from the first page of the. .letter (it is composed of two pages). In it the writer says, no less than three times, that he is acting under instructions ! ! I have no doubt, and never had, that the Deputy had my reply to the letter in view, when he wrote to me on May 20, 1889 : 30 " I regret exceedingly that you and the members of Aurora Grata im of Perfection cannot make satisfactory adjustment of your differences." This was not the first time that the writer of the letters of May 13 had shown his mark in the interest of the element managing the " Aurora Grata Bodies," after his own peculiar meth- ods ; he is an Honorary? member of the Aurora Grata Lodge of Perfection, and in this case did not merely write for the pleas- ure of interfering in the matter, but at the instigation and in somebody's interest, antagonistic to my interest. The 111. .•. Deputy in manly enlightenment could have, and should have interposed the strong arm of brotherhood and of justice, and insisting that I should have a fair trial, securing one for me, and then and there established the authority of the Supreme Council, and thus preventing even a suspicion of wrong doing. It was then and there that he committed the first overt act against me, and at a time when he was not called upon to act at all, he could have acted nobly and manfully in the interest of truth, but he didn't know how. His neglect weakened my belief in ofificial honesty, especi- ally in view of the correspondence herein referred to, and while I was discouraged, he continued to do everything favorable to encouraging the gross unmasonic proceedings against me, and failed in every duty owing by him to me as a brother mason. In my appeal it will also be noticed that I accuse the Com- mander-in-Chief of Aurora Grata Consistory, with giving testi- mony that in the main was imagined and fabricated. The positive tone of my appeal warranted the Council in giving me a hearing, thus determining the truthfulness of' my statements ; I was not called upon to explain anything. My charges of bad practices against these officers are too serious, brethren, to be passed over by mere parliamentary tricks, with the object of suppressing the truth. Until I am properly righted, you may rest assured nothing can or will be suppressed, if I can help it, and the shame must be spread and shared wherever it may properly belong. The order of the Supreme Council was respectfully obeyed when I appealed to the Council of Deliberation in the form pre- 31 scribed. It would have been folly, for me to expect justice in a body that was for the most part controlled by those most active against me, and particularly where the presiding ofificer was so inculpated. Yet I complied as fully as I could, not doubting for a moment the result would be just what I am told it has been. The records of the Council as reported to me show' that mem- bers of the Aurora Grata Bodies were the active ones in the parliamentary movements, and that later on they were assisted by a delegate from the interior, who has always been identified as one of their most pronounced partisans. It was evident that a programme was prepared and carried out doubtless as originally arranged for, but I had already fore- seen this adverse action, and in this I am on record as far back as January last. Indeed so soon as the leanings of the Deputy were manifested I abandoned all hope of justice unless it emanated directly from the action of the Supreme Council itself. Even there, some active members from this District, without having heard a word of my defence, may be, but ought not to be opposed to me. I could not expect favorable consideration at the hands of the Deputy, for in this matter of mine, he has already tivice brought his actions under the keen criticism of the Supreme Council. First — In September, 1889, when he made ignorance the plea for incompetency, expressing the desire that the Supreme Coun- cil assume the functions of his office ; (see proceedings of Supreme Council, 1889, page 63). The Council then directed him to annul the action of the Lodge of May 18 and June 7, 1889. 5^to«^.— Because (see pages 41-42, proceedings,of the Supreme Council for 1890) he did not call a Council of Dehberation for that year, thus depriving me of the constitutional privilege of appeal in which some of the brethren had joined, and grant- ed by Section 6 of Article lOi of the Constitution, as well as directed by the so-called Code adopted by the Council of Delib- eration. 32 You will see this clearly, when you read the report of the Committee on Jurisprudence. While the Deputy was thus instructed, and in consequence thereof showing his vexation, it would have been folly to antici- pate any favor at his hands. I expected the reverse naturally, and I have probably inadvertently increased the existing animus by my frankness, indifferenee, and independence. The full powers and influence of his office have frofti the very first been wrongfully used to my detriment. He has appar- ently believed every ex-parte statement made by his confreres against me ; he has neglected to thoroughly understand or study my case, actually taking it for granted that I hadn't any defence, and he is even now quite unaware of the nature of it, none having been given or expressed, at any time on my behalf, for the reason that no opportunity has yet been offered for my pre- senting it, owing to irregularities on the part of the management of the Lodge and the Deputy in not aiding, but preventing a trial where the issues could have been met, fairly tried, and determined; The correspondence given herein will be amply sufficient to prove to you that efforts were made on the part of the 111. .-. Deputy, and the management to deprive me of the privilege con- ferred by the Supreme Council in 1S90. My appeal to the Council of Deliberation may be thought too strong, perhaps, but I am able to prove every statement made by me therein, and I court the fullest investigation. I was desir- ous that the Council should see the propriety, if not the neces- sity for granting one, so that the Deputy would be enabled by its aid, to furnish the Supreme Council with reliable details. My defence, to the charge against me, I have, for obvious reasons, withheld for such an investigation, as well as for the trial that I have constantly asked for, and which cannot longer with any honor to the Rite be denied to -ine. It is now two years in April last, since the proceedings were inaugurated, and there has been no honest trial of the cause, nor any attempt at a trial, such as honest men whether Masons or 33 not, would be willing to sanction ; but a continued effort on the part of the management and their official sympathizers to techni- cally evade the real question at issue. I am, however, as determined as ever that that issue shall be properly met, or that the illegal acts shall be annulled. The action of the Council of Deliberation under ex-parte influence, and by the use of parliamentary tactics, has defeated the object had by the Supreme Council. It will be noticed that the Supreme Council distinctly says that the matter is referred to the Council of Deliberation " for such HEARING and CONSID- ERATION as the laws provide." And even the action of that Supreme body has been discounted, as is shown by the officious statement made to the Lodge on the 5th day of June, when the Commander-in-Chief of Aurora Grata Consistory read the report of the action in the Council of Deliberation, and said that with- out doubt the Supreme Council would approve of the action of the Council of Deliberation, thus ending the matter, etc. How could he assume to speak for the Supreme body of the Rite of which he is only an ' Honorary member ? At the very best he is only permitted to participate in some of its proceedings to a very limited extent, and without a vote upon any- thing. You must bear in mind that the Supreme Council does not meet until September next. This was another evidence of the assumption of powers and prerogatives on his part, to which he is not entitled by the laws of the Rite. You will agree with me that no such approval on the part of the Supreme Council is certain under the circumstances ; on the contrary, it is to be expected that full and unequivocal justice will be done, and all the errors remedied by the Council. The action of the Council of Deliberation upon the appeal, without its having been read to the members forming the Coun- cil, or in fact submitted for intelligent action thereon, or any formal knowledge of its contents, except through the committee appointed by the Deputy, 111. .-. B. B. .-. Benjamin Flagler, of Suspension Bridge, Charles Elliott Ide, of Syracuse, and Arthur MacArthur, 3 34 of Troy, who arrived at the conclusion that part of the appeal was scandalous, without saying which pai-t. I have no doubt, however, that it was the part referring to the proof of the charge of conspiracy against the 111. .-. Deputy, and my charge against the Commander-in-Chief of Aurora Grata Consistory. I am pleased to have a corroboration of the views of myself and friends from this committee of the Deputy's selection, as we have from the very first and at every stage of the pro- ceedings, not excepting the final action of this committee, characterized the entire proceedings against me in this District as scandalous in the extreme. But, Brethren of the Committee ; in view of the serious charges made against these officers', if you were just men, why not inquire a little further, and try to find what evidence could be brought to substantiate the charges ? Why this haste ? Are you in the habit of passing judgment in this way ? Are you in the habit of conducting your business in this way? What would be your opinion of a court, in which a judgment was reached in this way, if you were counsel for the defendant ? Would you submit? You need not give me your answer. I can infer it ; and yet you passed judgment upon an ex-parte statement ; perhaps something more. I fail to say it although you know 1 think it, and it goes without saying. Did it occur to you that the Brethren of the Rite in this District should have an opportunity of learning the contents of my appeal before being asked to vote thereon ? The Code provided that " any five brethren of the body shall have the right of appeal from the action of the body or the decision of the Deputy." The Code did not permit of my presenting an appeal; the appeal that you passed upon was but a privilged one, extended to me by the Supreme Council, and by whose direction to the Deputy it was prepared. While I may be indifferent personally to the action as against myself, and which I had foreseen, because of the influences at work in the Council of Deliberation ; I cannot help asking. What became of the appeal of the Brethren that accompanied mine? Was their humble and proper appeal of no account, and was their act not 35 noticeable by you for a presumption on their part to question the judgment of the 111. .-. Deputy and the management of the Lodge ? Remember, you had an appeal Inom five times five and " more of the Grand Elect Perfect and Sublime Masons, members of Aurora Grata Lodge of Perfection," and yet they have received no consid- eration whatever at your hands. To that appeal are attached the signatures of many more than the required number. It is easy to find among them intelligent men whose councils in commerce, finance and trade stand among the highest. In your silence you have expressed an opinion that they are not entitled to any consideration, as compared with those of confessed ignorance regarding the simplest laws of the Rite. Your action may be the innocent outcome of the introduction of political methods into Masonry, and of a too great reliance upon representations made to you by those in whom you have to this time the fullest confidence. Neither of you, if I am correctly informed, from your learning and great experience in Masonry ought to plead : " I CONSCIOUS OF INEXPERIENCE AND DISTRUSTING WtY ABIL- ITY TO MAKE A PROPER DECISION." It is due to all the members of the Rite everywhere that a MORAL explanation be given by you as to the influences that pro- duced upon your minds such an extraordidary effect, without per- mitting any evidence on my side, or hearing in rebuttal. You have acted as judges without a reference to yourselves as such. " The action of the Con:\mitee in the Council of Deliberation was not original, as will be found on referring to "DeLeon's Thirty Years on Three Continents, Vol. 2, pp. 253-254." " A merchant of Bagdad, brought up to Stamboul an appeal against an adverse decision of a Cadi's court in the interior ; the Grand Vizier being regarded as- the highest fountain of justice, next the Sultan, who is unapproachable. The Grand Vizier, recently bullied by a foreign Ambassador, and in very bad humor, summarily, in two minutes' time, dismissed the appeal without looking at the papers. The merchant, to his great astonishment. 36 commenced kissing the hem of his robe, and invoking blessings on his head. "But," exclaimed the astonished Grand Vizier, " Why do you pour benedictions on my head ? What are you grateful for ? I have dismissed your appeal. You have lost your case, your time, and your money. Are these things to be thankful for?" "Highness," said the merchant, "I see that the Sultan (whom may Allah protect !) calls only to your high post men of lofty intellect. You have seen and judged my affair in two minutes' time, and have condemned me. The will of Allah be done ! The reason for my thanking you is, that another Grand Vizier, with his ' Bakaloum-Bakaloum ' (we shall see about it), might have kept me waiting for months to get the same answer." The proceedings of May i8th, June 7th and December 21, 1889, are not copied herein, because in commenting thereon, I should necessarily be obliged to disclose all my evidence in re- buttal ; I reserve them for future use, and for incorporation in another and more complete document, now in preparation for publication, and which covers matters not wholly incidental or applicable to the above appeal, but all of which you are entitled to have, as a part of the history of this controversy. Adverse comments have been made as to the propriety of publicity. I have nothing to fear, nor need any one if really honest ; I never had anything to fear from publicity ; I am courageous yet, and fully able to contend for the right single- handed and alone, and being so, I am compelled to adopt this course, for I am unwilling to be governed in my principles by the caprice, and the whims of scheming and bad men. I believe that truth and right will overcome might within the Rite. I care not how exalted the rank, or however powerful the influence, these can have no alarms for me ; I seek only to bene- fit the many needing the loving teachings of the masters, good masters, who at least try to practice what they teach. 37 I still retain the esteem of my friends, and especially of those of them who know the inwardness of the matter ; friends who are really fraters in the faith, and among the best in its ranks. I have never humbled nor exalted myself. I have, according to my circumstances, endeavored in all things to be ready and willing to support the Lodge, especially in all that is respectable, right and lawful. I have never sought for a too free association with uncertain members, — life is too short for this, and I have no time to waste. Masonry has been degraded here, and " Aurora Grata " is becoming a by-word in the mouths of residents in the neighborhood of headquarters. This you know as well as I do. The position taken by me, and which I occupy to-day, is not that which the management would fain have you believe it to be. Let me reiterate. The charges against me have NEVER BEEN TRIED ; the most that can be said, is that there was a verdict of prejudice against me, no hearing, and I believe, there was no honest intention to give me a fair trial. The Committee in the Council of Deliberation seem to think that the form of a trial is all that is essential ; perhaps it was this object the leaders in this District had in view. I have from the beginning been contending for a fair and honorable trial, from which I do not shrink, and I have no occasion to shrink ; otherwise there must be an annulment of the charge as a mat- ter of record ; and without either of which I will never let the matter rest. / will not accept anything else. Again I will not allow the Rite to be placed in the posi- tion it \youId occupy before the Masonic world, were I to accept anything else ; these positions are firmly taken, -because I believe any other course is repugnant to a proper interpreta. tion of the " Oath of Fealty," a careful re-study of which will lead you to agreeing with me. The Council of Deliberation, at its session on June 3, 1891, I am informed, abolished the Code, adopted in 1885, and under Section 15 of which it is claimed I was tried on December 21, 38 1 889, of the charge against me. PLEASE think of THIS FOR A lIttle while. This Code under which an attempt is made to sacrifice me, is too wicked to longer remain on record as a law for this District. Why? I may hereafter take occasion to say something more to you upon this subject. I learn that for the benefit of the ignorant and unlearned ; the management of the Lodge has characterized my pamphlet of September, 1890, "to be a tissue of falsehoods." The same may be said again in regard to this one, but that don't make them so. I have only this to say, that I stand ready to prove everything stated, and every statement made by me in connection therewith, without a fear of an honest contradiction,; and tha.t the only falsehoods to be found are in the charge and specifications, formulated by the management of the Lodge, and their subsequent efforts to substantiate the same. They seem • afraid to give me the chance of rebuttal or an opportunity to put in my proof of innocence. My efforts have been to make this clear to you, and if you do not see it now, I am convinced that a close and chronological examination, and a study of the data furnished, will be all that is required to prove the determination to sacrifice me for the purpose of intimidating you ! ! !, BUT BE NOT AFRAID. Anyone at all familiar with the management of the Brooklyn Bodies will at once acknowledge the fact, that the methods pursued towards me are characteristic of the Commander-in-Chief of Aurora Grata Consistory, and so down through the entire governing list. A score or more of good men and true, can be found within the body of the Lodge to testify that INUENDO, misrepresentation, and CALUMNY, are the weapons most frequently used for the ac- complishment of the results desired for improper purposes and influences. ' • How many gentlemen, well known to you and recognized as representative of all that is pure in Masonry, unambitious but true to the. Rite, have appeared upon the fitful stage, and because they were true to it and honor, have for " peace sake " quietly dropped out of the arena. 39 Why did I not pursue the same course? Simply because naturally I could not, nor would I submit to what I considered an evasion of a mutual obligation, entered into by all of us with the understanding that a principle was involved, and that the .teachings exemplified by the various degrees of the Rite meant at least something. I was persistent and determined that the Constitutions and Regulations of the Rite should be observed and respected by all, or a satisfactory reason given to the Supreme Council for a non-observance. I could not, and will not stifle my conscience, by a hope of reward, or a fear of any manner of punishment. I will admit that I had no policy, in its ordinary sense. I saw no occasion for it within the body of the Ancient Accepted Scottish Rite. The Constitutions and Regulations ought to be good enough, and as effective in the present for securing and maintaining the right, as they were for the fathers before us. I was always contented and happy to work for the Rite, in season and out of season to the extent of my ability, as you know, and the records of the Bodies will show, that I did so faithfully and earnestly, and I am within the law in still striving to secure " Order out of Chaos," and a constitutional trial in order to pre- sent my defence to the charge unlawfully made against me. The refusal to grant me a trial before COMMISSIONERS OF Trial, as urged, begged, petitioned and prayed for from the first, can- not but be deemed suspicious to any one with ordinary conscientious- ness, especially in view of the fact that the Lodge could well afford, if right, to accede to any one of my askings without any compromise of its dignity ; but no, it is not the Rite nor any of its teachings, but a personal animus of a clique, of no Masonic standing, deter- mined while in control to both rule and ruin. It is now nearly TWO MONTHS since the Council of DeHbera- tion adjourned ; all this time I have been obliged to rely entirely upon rumors, and the reports of my friends who were at the Coun- cil, as to the action taken upon the appeals. It naturally suggests itself, that common courtesy at least would dictate some observance of propriety. I have learned, how- 40 ever, to be patient and not to expect too much, relying upon HOPE alone for improvement. The Council of Deliberation has failed in due respect for itself, inasmuch as no official advice of the things done in this matter has so far been given ; only another evidence of carelessness of duty. ' The methods pursued in this controversy by the management, as you see and will admit, are really unmasonic ; these methods if permitted to go unchallenged by the Rite, would be established and perhaps acted upon as a precedent elsewhere. These methods menace every member of the Rite in the Northern Masonic Jurisdiction, imperil- ing the influence of the Supreme Council, its Con- stitutions and Regulations, as well as the principles of Freemasonry itself. Your Frater, JAS. STUART GILLEN, 320. Brooklyn, N. Y., July 25, 1891. , GA¥lJ^MOUNT ' PAMPHL-ETSINDER /^ ■ "Manufocltired by GAYLORD BROS, tnc Syracuse, J>J. Y. .Stockton, Calif . u«—.. —•??"!?" Un'vw'lty Library HS778.B87 A92 1891 „ 3 1924 030 321 883 olln.anx :J" *.-, «V,J1