History Of Freemasonry In Ohio

From 1791 to 1912

by W. M. Cunningham and John G. Reeves

THE HISTORY OF THE MOST WORSHIPFUL GRAND LODGE
OF FREE AND ACCEPTED MASONS OF THE STATE
OF OHIO AND ITS PIONEER LODGES
From 1808 To 1844
INCLUSIVE

By W. M. CUNNINGHAM, M. A.,
Past Grand Master F.& A M., P. G. H. P. of Royal Arch
Masons, P. G. M. of R. and S. Masters, and
S. G. I. G. 33° Grand Historian.

VOLUME 1

Part II

Copyright, 1914 By J. H. Bromwell Grand Secretary Cincinnati, Ohio

ERIE LODGE NO. 3 OF WARREN

Erie Lodge No. 3 of Warren, Trumbull County, Ohio, was Number 47 on the roll of the M.·. W.·. Grand Lodge of Connecticut. The town of Warren was the seat of justice of that county, which at that time comprised the whole of the Connecticut Western Reserve in the State of Ohio.

The petitioners for the establishment of a lodge at Warren as we are informed in the history of that lodge, quoted at some length herein, were residents of the various parts "of the Western Reserve."

On October 19, 1803, a charter was granted by the Most Worshipful Grand Lodge of Connecticut to the following Brethren to establish a lodge of Free and Accepted Masons at Warren: Samuel Tylee of Hubbard; Martin Smith; Tryal Tanner of Canfield; Camden Cleveland, Solomon Griswold, Aaron Wheeler; John Walworth of Cleveland; Charles Dutton of Youngstown; Arad Way; Gideon Headley of Cleveland; Ezekiel Hover; Turhand Kirtland of Poland; John Leavitt; William Rayen of Youngstown; George Phelps, James B. Root, James Dunscomb, Samuel Spencer, Joseph DeWolf, Daniel Bushnell, Calvin Austin and Asabe Adams.

Brother Samuel Tylee, one of the petitioners, was sent as the representative of these Brethren to the Grand Lodge of Connecticut, at its meeting held in the city of New Haven in 1804, and upon the granting of the petition for a charter without any preliminary probation under a dispensation Brother Tylee was appointed by the Grand Lodge of Connecticut as a Deputy Grand Master "for the purpose of preceding to Warren" to constitute the new lodge "and install its officers."

The charter was delivered to M.·. W.·. Brother Tylee, and soon after his return home, on the 16th of March, 1804 A. L. 9804 he with the pro term. officers of the Grand Lodge, appointed for that purpose from among the Brethren in attendance, went in procession to the room provided for the meeting of the new lodge and as Deputy Grand Master opened the lodge in the first three degrees of Masonry in proper form, and after due examination of the Brothers, who were proposed by the petitioners as officers of the new ledge, to wit: Right Worshipful Turhand Kirtland, Master; Right Worshipful John Leavitt, Senior Warden; Right Worshipful William Rayen, Junior Warden; Calvin Austin, Treasurer; Camden Cleveland, Secretary; Aaron Wheeler, Senior Deacon; John Walworth, Junior Deacon; Charles Dutton and Arad Way, Stewards; Ezekiel Hoover, Tyler-and being fully satisfied with their character, skill, and qualifications for the government of the lodge, they having also received the entire and unconditional consent of the members thereof, did by the authority given him by the Grand Lodge of Connecticut, with the assistance of the Grand Officers pro tem., constitute, consecrate, and solemnly install the said petitioners and their said officers by the name of Erie Lodge No.47, Ancient Free and Accepted York Masons, agreeable to the ancient usages, customs, and laws of the Craft, under the protection and jurisdiction of the Grand Lodge of Connecticut. And now, having solemnly erected the lodge to God, and dedicated it to the holy Saints John, and being legally empowered as a lodge of Free and Accepted Masons, to work and act as such, in strict conformity to the ancient charges and laws of the Fraternity, the usual rites and ceremonies performed, and the honors paid the Grand Lodge, it, at 3:30 P. M., closed in form, with great harmony."

After three years' successful and harmonious existence under the jurisdiction of the M.·. W.·. Grand Lodge of Connecticut, Erie Lodge No.47, considering that greater benefit would arise to the Craft by the formation of a Grand Lodge for the State of Ohio, they, on the 11th of March, A. L. 5807, at their annual meeting, by a solemn vote of the lodge, appointed George Tod, John Leavitt, and William Rayen (three members thereof) a committee to correspond with the other lodges of the State on the subject. This committee, faithful to their trust, carried out the object of their appointment, and, at a meeting of the lodge held November 11, A. L. 5807, reported that they had received Communications in answer to theirs from lodges at Marietta, Cincinnati, Zanesville, and Chillicothe, relative to the formation of a Grand Lodge. When this report had been delibererately considered the encouragement thereby afforded induced the lodge to pass a resolution appointing Brothers George Tod and John W. Seeley delegates from Erie Lodge No.47 to meet delegates from other lodges within the State in convention to be held at Chillicothe on the first Monday in January, A. L 5808, and "confiding these our delegates full power in conjunction with the delegates from other lodges to institute a Grand Lodge and form a Constitution and Bylaws agreeable to the ancient landmarks, constitution, charges, and usages. Thus to Erie Lodge belongs the honor of being the first to suggest and first to take the initiative towards establishing the Grand Lodge of Ohio, a distinction of which it may well he proud.

The result of the movement suggested by the Erie Lodge No.47 was the organization in convention of the M.·. W.·. Grand Lodge of Ohio as previously noted herein. "The proceedings of this convention was, by the delegates from Erie Lodge, reported to its annual meeting held on the 9th of March, A. L. 5808, and unanimously approved, and at a meeting held December 5th following, George Tod, Samuel Huntington, and John II. Adgate were, by a unanimous vote of the lodge and by warrant of the Right Worshipful Master and Wardens, appointed and empowered to represent the lodge in the Grand Lodge at their Grand Communication to be held in January thereafter. It was also resolved by the lodge, in compliance with a resolution adopted by the Grand Lodge, that the charter granted them by the Grand Lodge of Connecticut and the bylaws of the lodge be submitted to the care of the said representatives, to be surrendered to the Grand Lodge of Ohio under the regulation adopted by it, and receive in its stead a warrant of dispensation. All of which being done, and the same granted by the Grand Lodge, and presented to n approved by Erie Lodge at its meeting March 23, A. L. 5809."

From 1809 until 1814 Erie Lodge No.47 worked under the dispensation issued by the Grand Lodge. of Ohio. At the Annul Communication of the M.·. W.·. Grand Lodge of Ohio held at Chillicothe in 18l4, a charter was granted to Erie Lodge, dated at Chillicothe, January 5, A. D. 1814, A. L. 5814, and "constituting and appointing Samuel Tylee, Francis Freeman, Elisha Whittlesey, Seth Tracy, William W. Cotgreave, John Leavitt, and Calvin Austin, and their successors forever, a regular lodge of Free and Accepted Masons, to be hailed by the name and title of Erie Lodge No.3."

Samuel Huntington, a nephew of Governor Huntington, of Connecticut, a lawyer of the age of about thirty-five years, settled in Cleveland in 1801. He was a member of the first Constitutional Convention, the first State Senator of the county, then Trumbull, presided over that body, was appointed Judge of the Supreme Court in 1803, and was elected Governor of the State of Ohio in 1808. He resided at that time in a blockhouse on Superior Street, in Cleveland, near where now stands the American House.

In 1809 Governor Samuel Huntington was elected and installed as M.·. W.·. Grand Master of Masons in Ohio to succeed General Rufus Putnam, the first Grand Master, whose infirmities incident to his advanced age caused him to decline service, as hitherto mentioned herein in his letter to the M.·. W.·. Grand Lodge.

Brother George Tod, whose name occurs so prominently in Grand Lodge affairs, was the father of Governor David Tod. Brother George Tod was made a Mason in Erie Lodge in 1804 and "was elected Master of the lodge March 20, 1811. He was prominent in the effort made by the lodge to establish the Grand Lodge; was the secretary of the convention at Chillicothe at which the Grand Lodge was organized; was its first Grand Senior Warden, to which office he was reelected for a number of years. He served the lodge in every capacity and in all its offices. He died April 11, 1841. He was faithful in the discharge of his duties, public and private, and a true, devoted Mason to the last."

Many of the charter members of Erie Lodge were members of the Connecticut Land Company, to whom belonged the Western Reserve. Thus it will be noted that whilst Massachusetts and Rhode Island Masons were the pioneers of the Southeastern part of the State, Connecticut Masons followed in the Northeastern, Masons of Pennsylvania in Central Ohio, and New Jersey Masonic pioneers in the Southwestern part of the State.

Among the eminent members of Erie Lodge none were more prominent than the Honorable Elisha Whittlesy, for many years an honored member of the National House of Representatives from the Ohio congressional district in which he lived. Always an active participant in Erie Lodge affairs, filling many of its offices, he was loved and esteemed by his Brethren as a just and upright Mason and was honored and respected by the community in which he lived to a ripe old age.

In 1821 the Honorable Rufus Payen Spalding was one of its initiates. In 1823 Edward Spear, Sr., an honored citizen in that part of the State, was made a Mason in Erie Lodge. His son, Edward Spear, Jr., in later years was very prominent in the Masonic affairs in that part of the State. Of the many other eminent Brethren who were numbers of Erie Lodge the limited space in this history prevents mention. The history of Erie Lodge and of Old Erie, its successor, which will follow the history of the Grand Lodge of Ohio, will contain biographical mention of many more of its honored member.

The events that caused the Lodge to cease its existence in 1828 are briefly stated as follows in its local history written in 1801:

The prosperity an harmony that had prevailed in Erie Lodge until the close of 1828 then came to an end and a long period of a darker aspect opens.

"Seizing on an unfortunate circumstance which occurred in a neighboring State, aspiring political demagogues took up the cry, and then, as now, pandering to the prejudices of the ignorant and uninformed for the purpose of gaining the honors and emoluments of office, raised an anti-Masonic tempest that, aided and encouraged by false Brethren who could readily make merchandise of their honor and sweep over the whole country. It is not however our intention to repeat the story of those times, when to be an avowed Mason was sufficient of itself to brand the man with infamy and yet an allusion must be made to those days in reference to their effect on the subject of which we are writing. Such exterminating zeal and wild fanaticism prevailed that in some towns where the lodges continued to meet, their rooms were broken into and their property publicly destroyed, and such a defection of members who before were considered good and true, that even the really worthy could not maintain their Masonic position in an organized form without incurring the enmity of the public and social ostracism by the community in which they lived."

"In obedience to public opinion, then so inflamed, and concluding to let time, reason and calm judgement determine the right, many of the lodges in Ohio and in most of the States ceased to work as such. Some of them voluntarily surrendered their charters, some gave them up on the call of the Grand Lodge, while others with colors still unfurled died charter in hand. The charter of Eric Lodge No. 3 was consumed in 1833, when the house of Brother Edward Spear was burned."

A more extended resume of the events of the Morgan period will be given in this history between the years 1829 and 1835.

On Wednesday evening, October 3, 1827, was held the last regular meeting recorded of Erie Lodge. In 1828, however, the lodge was represented in Grand Lodge by Brothers Francis Freeman, Rufus P. Spalding, and Edward Spear, Sr. Early in 1854 "a number of the members of Erie Lodge No. 3, who were still living and still holding on to and cherishing and honoring the principles of Masonry, and having during all the years of darkness aided and counseled each other, met at the home of one of them, as they had continued to do, and agreed to petition the Grand Master for a dispensation to commence work. The Grand Master, M.·. W.·. Bro. William B. Dodds, was pleased to grant their prayer by issuing a warrant of dispensation dated June 2, 1854, to Richard Iddings, Jacob H. Baldwin, J. B. Buttles, W. H. Holloway, Henry Stiles, J. Rodgers, H. Benham, Gary C. Reed, J. Veon, Benjamin Stevens, Edward Spear, John B. Harmon, Alexander McConnell, and H. McManus, under the title of Western Reserve Lodge."

Another lodge having been given the name of Erie during its dormant period, the name Western Reserve Lodge was given it in the dispensation, but at the meeting of Grand Lodge on October 18, 1854, a charter was granted to the lodge under the name of "Old Erie No. 3, its old number having been granted to the new lodge.

Old Erie Lodge No.3 was constituted January 30, 1855, and Edward Spear, Sr., was its first Worshipful Master, Among the prominent Masons of Old Erie Lodge may be mentioned the name of the Honorable John F. Stull, president of the Ohio Masonic Home; and in the Grand Lodge, Past Grand Master M.·. W.·. Brother Carroll F. Clapp; in the Grand Council, Past M.·. I.·. G.·. M.·. Brother Wm. A. Spill.

After its reorganization the first officers elected and installed under its charter November 20, 1855, were: Edward Spear, Sr., Worshipful Master; Charles B. Hunt, Senior Warden; Jacob H. Baldwin, Junior Warden; Henry Stiles, Treasurer; John M. Stiles, Secretary; William Green, Senior Deacon Edward Spear, Jr., Junior Deacon; Ebenezer H. Goodale, Tyler.

After its many vicissitudes Old Erie No.3 is now one among the very prosperous lodges in the State; it occupies handsome apartments in the commodious Masonic Temple of Warren and is fully equipped with all the requirements necessary in a Masonic lodge, and with its able officers and enthusiastic members its future prosperity is well assured.

As hitherto noted herein, a more complete history of old Erie Lodge No. 3 is expected to follow, in its order, the history of the Most Worshipful Grand Lodge of Ohio.

NEW ENGLAND LODGE NO. 4

New England Lodge No.4, of Worthington, Ohio, was chartered by the M.·. W.·. Grand Lodge of Connecticut as Number 48 on the roll of that Grand Lodge, October 19, A. D. 1808. As stated in the interesting Historical Sketch of New England Lodge, written by its Historian, W. Brother O. W. Aldrich of Worthington, its charter was issued by the Grand Lodge of Connecticut, as informed by the Grand Secretary of that Grand Lodge, at the half-yearly Communication, October 19, 1803, to sundry Brethren who had formed a settlement on the River Scioto, State of Ohio, the lodge to be holden in the town of Worthington; Worshipful and Reverend Brother James J Kilbourne to be the first Master. The lodge continued to work under this charter until the convention called to meet at Chillicothe on the first Monday of January, 1808, to form a Grand Lodge. At that convention the lodge was represented by its Worshipful Master, the Reverend James Kilbourne, but for some reason, not now known his credentials were not deemed sufficient and the lodge was not allowed a representation in the convention.

At the first meeting of the Grand Lodge held on January 2, 1809, New England Lodge was requested to join with the other lodges in the Grand Lodge, and to send its representatives to the next Annual Communication.

"At the next Annual Communication of the Grand Lodge in 1810, New England Lodge was represented by its Worshipful Master, the Reverend James Kilbourne, who was elected Junior Grand Warden by the Grand Lodge and to which office he was re-elected in 1811."

The lodge was represented at the Grand Lodge of Ohio under the Connecticut charter until its surrender to the Grand Lodge of Ohio for a temporary dispensation; and at the Annual Communication of 1814, when it had thirty-five Master Masons and one Fellow Craft as members, it received a charter from the Most Worshipful Grand Lodge of Ohio, "with the following Brethren as charter members: J. H. Hills, Jacob Norton, C. Barker, J. Kilbourne, Aaron Strong, Wm, Robe, J. Goodrich, and Charles Thompson." The officers of New England Lodge for the year 1814 were: W. M., J. H. Hills; S. W., Jacob Norton; J. W., C. Barker; Treasurer, Joel Buttles; Secretary, William Robe; S. D., Cruger Wright; J. D., Chester Pinney; Steward and Tyler, Abiel Cross; with the following named numbers: Stephen Maynard, John Goodrich, Israel F. Case, Levi Pinney, Alexander Morrison, Samuel Wilson, Lincoln Goodale, Isaac Griswold, Noah Andrews, Ebenezer Goodrich, Roswell Tuller, S. G. Humphrey, Samuel Sloper, Charles Thompson, Ethan Palmer, E. Loddington, Job W. Case, Calvin H. Case, Samuel H. Maynard, Hector Kilbourne, John Moore, Samuel Shannon, and O. Benedict, Master Masons, and Peter Barker, a Fellow Craft."

In 1813 the Reverend Brother James Kilbourne was elected Deputy Grand Master, and was re-elected in 1814. In 1813 Brother Ralph Osborn was appointed Grand Marshal.

In 1815 Brother Chester Griswold was elected junior Grand Warden, and in 1816 he was elected Senior Grand Warden and Grand Lecturer. In 1818 Chester Griswold was elected M.·. W.·. Grand Master of Masons in Ohio, and Brother John Snow was elected R.·. W.·. Senior Grand Warden and Grand Lecturer.

In 1819 John Snow, who then was Master of New England Lodge, was elected M.·. W.·. Grand Master, which position he held until the Grand Communication of 1824, and in 1829 he was again elected Grand Master and served one year as such.

"In 1820 the present brick lodge building was erected on a lot owned by John Snow, who in April, 1824, for the consideration of ninety-five dollars executed a deed conveying the lot with its appurtenances to Jeremiah Morrow, as Governor of the State of Ohio, and his successors, to hold the same for the use of the lodge and Horeb Chapter, for the uses and purposes named forever."

The lodge continued to work through the anti-Masonic troubles, and was represented at every Annual Communication of the Grand Lodge during that period (1828 to1842) except 1832 and 1833; although by reason of the persecution the number of its members was reduced to nineteen in 1847. In fact, the lodge has been represented at nearly every session of the Grand Lodge until 1891.

During the period of the greatest agitation of the anti-Masonic fanatics, "the Brethren did not dare to hold their meetings in the lodge building, but following the example of our ancient Brethren held their meetings in the ravine near Chaseland, the better to observe the approach of cowans and eavesdroppers.

One cause for the reduction in membership was the withdrawal in 1816 of a number of members to assist in the formation of Ohio Lodge No.30, now Columbus Lodge No.30. Among these Brethren was R.·. W.·. Brother Lincoln Goodale, who served as Grand Treasurer from 1818 to 1831.

In the years 1820 and 1830 the Annual Communications of the Grand Lodge were held in the lodge building in Worthington.

For five years from 1838 to 1843 Brother John Barney, W. Master of New England Lodge, served as Grand Lecturer.

Within the first half century of its existence the following Brethren served as Masters of the lodge, "although from the loss of the early volumes of the records, the exact date of their terms can not always be determined," some of them, however, serving a number of years each: The Reverend James Kilbourne, James H. Hills, Chester Griswold, A. Buttles, Daniel Upson, John Snow, James Pearce, Ira Metcalf, John Barney, George Taylor, and A. Bacon.

From a membership of sixty-two in 1890 there was a sudden increase from that number to ninety-one members in 1891. This increased membership was evidently promoted for a sinister purpose, as apparently the evidence in subsequent events, a brief mention of which, however, will only be made in this connection, necessary to an understanding of the affairs then existing in New England Lodge. A full history of the invasion of Cerneauism and its baleful influences for discord and rebellion will be given later in the history of this Grand Lodge, in the order of its occurrence.

In 1887 the M.·. W.·. Grand Lodge of Ohio, for the protection of its subordinate lodges and their members from the impositions of the promoters of Clandestinism, declared the so-called Cerneau bodies to be "irregular, illegal, and un-masonic," and subsequently issued an edict prohibiting all Masons of its obedience from becoming members therein or promoting in any manner the interest of bodies declared by it to be Clandestine.

In the meantime a number of the members of New England Lodge had become members of the so-called Cerneau bodies - some of them, indeed, were its prominent promoters - which, with their sympathizers, gave them a majority in the lodge membership.

In response to a mandate of Grand Master M.·. W.·. Brother Levi C. Goodale requiring their renunciation of Cerneauism, at a meeting of New England Lodge No.4 in April, 1891, "a resolution was adopted declaring that New England Lodge renounced its allegiance" to the M.·. W.·. Grand Lodge of Ohio and that it "would act as an independent lodge." Being largely in majority in officers and membership, the rebellious members immediately took possession of the lodge room, charter, and all other property of New England Lodge.

As soon as advised of the situation, Grand Master Goodale arrested the charter of the lodge and declared its rebellions members suspended from all of the rights and privileges of Freemasonry, subject to Grand Lodge action, and soon thereafter issued a dispensation to nine loyal members of the lodge, empowering them to continue to work as New England No.4, until the following Annual Communication of the Grand Lodge in October, 1891.

The Proceedings of the Grand Lodge show that about April 28, 1891, twelve disloyal, suspended members or New England Lodge with three other Masons, members of a loyal lodge, entered into a conspiracy to form a pretended (and Clandestine) Grand Lodge in the State of Ohio," and having carried out their intentions they were each expelled by the Grand Lodge.

At the Communication of the Grand Lodge, in October, 1891, a duplicate charter was issued by the Grand Lodge of Ohio to the loyal members of New England Lodge No.4, with the rank and precedence to which the lodge was entitled in its charter surreptitiously withheld by the recalcitrant suspended members.

The Brethren named in the mew charter were D. C. Brand, G. W. Foster, C. S. Fay, F. F. Tuller, J. P. Thompson, A. S. Wood, H. W. Wright, Thomas Wiley, and F. H. Wright. Brother H. W. Wright was Master, F. F. Tuller, S. W., and George W. Foster, J. W.

The suspended members having been in the majority, as before stated, retained possession of the lodge building, furniture, library and records, and, as stated, refused even to surrender the old charter of 1814, as ordered by the M.·. W.·. Grand Master.

"There being no good place of meeting, the lodge met only a few times each year until the spring of 1894. H. W. Wright having died, and a few other Brethren having been reinstated by the Grand Master, a special dispensation was granted in April, 1894, to elect new officers, and in May of that year Brother F. F. Tuller was elected W. M. O. W. Aldrich S. W, and B. M. Weaver J. M. From this time the lodge has continued to meet regularly and has been represented at every meeting of the Grand Lodge except the one in 1897.

"In the fall of 1899, Horeb Chapter having released its rights in the lodge building to the lodge, a memorial was presented to the Hon. Asa S. Bushnell, Governor of the State, asking him as the holder of the legal title either to take action at law as trustee to oust the seceding Masons from the building or to make a deed conveying it to Brother R. M. Weaver as trustee for the lodge, and the Governor executed a deed to Brother R. M. Weaver as requested.

"An action was begun by the suspended and expelled members claiming to be the beneficiaries under the Snow deed, to cancel and set aside the deed."

M.·. W.·. Brother Allen Andrews and W. Brother O. W. Aldrich, attorneys, having charge of the case in behalf of the M.·. W.·. Grand Lodge of Ohio, it carried through the courts until it reached the Supreme Court of Ohio, by which "it was decided that the loyal members were the proper beneficiaries under the deed made by John Snow to the Governor of Ohio." The brief of M.·. W.·. Brother Allen Andrews upon which the Supreme Court issued its decision is appended herewith as an interesting resume of the long contested case.

In September, 1907, the Clandestine lodge surrendered the property to its rightful owner, New England Lodge No.4, and at the first stated meeting in October, 1907, the lodge held its first meeting in the old building since its surreptitious possession by the Clandestine body.

Besides the Brethren who have been honored with office in the Grand Lodge, a number of the Brethren of New England Lodge have been prominent in Church and State, and also have held important positions in other Masonic bodies.

Among the number of its frequent visitors was the Right Reverend Bishop Philander Chase, a member of Mt. Zion Lodge and the founder of Kenyon College.

M.·. W.·. Brother Chester Griswold, Past Grand Master, was a member of New England Lodge and was also Deputy Grand high Priest in the Grand Chapter of Royal Arch Masons of Ohio.

"In March, 1818, M.·. W.·. Brother John Snow, a member of St. John's Encampment of Knights Templar at Providence, Rhode Island, M.·. W.·. Brother Thomas Smith Webb, Deputy Grand Master of the Grand Encampment of the United States, and Frederick A. Curtis, a Sir Knight from Ireland, formed an Encampment of Knights Templar, which received a charter from the Grand Encampment of the United States on Jan.20, 1820, to be called Mt. Vernon Encampment No.1, with precedence from June 6, 1818, and M.·. W.·. Brother John Snow was the Commander of this body from its institution until 1830."

He was also elected High Priest of Horeb Charter in 1818 and remained in that office until 1822. He was also elected Grand Generalissimo of the General Grand Encampment of Knights Templars of the United States in 1820.

At the time of the ordination of Mt. Vernon Encampment in ISIS, Thomas Smith Webb became a member of New England Lodge by affiliation, and remained a member until his death in 1819. his monument in a cemetery at Providence, Rhode Island, is carefully cared for by the M.·. W.·. Grand Lodge F. & A. M. of the State of Rhode Island.

This brief historical reference to New England Lodge No.4 is concluded with the "Brief" to the Supreme Court in its behalf in its contention with and victory over the rebellious faction that conspired for its destruction, viz

IN THE SUPREME COURT OF OHIO

No.10277

THE NEW ENGLAND LODGE No. 4, ETC., ET AL.,

Plaintiffs in Error, V.

RUFUS M.. WEAVER, TRUSTEE, ET AL.,

Defendant in Error.

BRIEF ON BEHALF OF DEFENDANT IN ERROR

Statement of Case

The plaintiffs in error, New England Lodge No. 4, Free and Accepted Masons, and Horeb Chapter No. 3, Royal Arch Masons, on December 29, 1899, filed a petition in the Court of Common Pleas of Franklin County against the defendants in error, in which they alleged that on April - , 1824, John Snow and wife executed and delivered a deed for real estate in Worthington to Jeremiah Morrow, the Governor of the State of Ohio, and to his successors in office forever, in trust for their use and benefit, and that Asa S. Bushnell, Governor of Ohio, as trustee and successor to Jeremiah Morrow, fraudulently and unlawfully, without consideration and without authority, executed and delivered a pretended deed for the same real estate to the defendant, Rufus M. Weaver, as trustee for some persons unknown to the plaintiffs. And that said Weaver, trustee, and his co-defendants, William H. Halliday and Neville Williams, respectively auditor and recorder of Franklin County, were about to transfer the real estate on the records and have said deed recorded, and that such action work place a cloud on plaintiffs' title to said real estate. The prayer of the petition is for an injunction, enjoining the defendants from the transfer and record of the deed. (Record, pp. 13, 14, and 15.)

The defendant, Rufus M. Weaver, trustee, files an answer in which be denies that the deed made by Snow and wife was for the use and benefit of the plaintiffs; and in which he admits that Bushnell, Governor, executed and delivered the deed to the defendant as trustee, but denies that the same was so done fraudulently, unlawfully, and without consideration it and without authority. (Record, p.24.)

Subsequently, John M. Pattison, Governor, was made a party to the record, and filed an answer in which he admitted his official capacity, but alleged that he had no knowledge as to the truth of the other matters contained in the petition, and therefore denied the same. (Record, p 26.)

The auditor and recorder filed no pleadings.

The case was tried on appeal in the Circuit Court on April 10, 1906, and the court decreed in favor of the defendants, dissolving the temporary injunction theretofore granted and dismissing the petition, and rendering judgment for costs in favor of the defendants. (Record, p. 21, 22.)

Motion for a new trial was filed. (Record, p.28.)

Motion was overruled, and a bill of exceptions, embodying all the evidence, was taken. (Record, pp 29 et seq.)

THE CONTROVERSY, AND HOW IT AROSE

The Masonic Fraternity is divided into several branches, among which are Ancient Craft Masonry and Capitular Masonry.

The former is organized into lodges, of which there are many in the State of Ohio, and of which the grand governing body is the Grand Lodge, stated, "The Grand Lodge of the Most Ancient and Honorable Fraternity of Free and Accepted Masons of the State of Ohio," which was created in 1809.

The latter is organized into chapters, of which there are a number in the State of Ohio, and the grand governing body of which is styled "The Grand Royal Arch Chapter of the State of Ohio."

On the - day of April, 1824, John Snow and wife deeded real estate in Worthington to Jeremiah Morrow, Governor of the State of Ohio, and his successors forever, in trust for the use and benefit of New England Lodge No.4 and Horeb Chapter No.3. (Record, pp. 91, 92, and 93.)

New England Lodge No. 4 was created, constituted, and chartered by the Grand Lodge in 1814,and therefore had been in existence ten years when the trust deed was made, and continued in existence, acknowledging itself subordinate to the Grand Lodge and paying dues to the Grand Lodge and obeying its rules and regulations until 1891.

Horeb Chapter No.3 was created, constituted, and chartered by the Grand Chapter before the date of the deed above referred to, and continued in existence, acknowledging itself subordinate to the Grand Chapter, paying dues to the Grand Chapter, and obeying its rules and nations until 1891.

A few years prior to the last dlate, in the opinion of the Grand Lodge and Grand Chapter, it was inimical to Masonry for its members to join or affiliate with the society in Ohio known as the "Cerneaus," and these grand governing bodies passed a law or regulation prohibiting members of the Masonic Fraternity from joining or affiliating with the Cerneaus. In 1891 a majority of the members of New England Lodge No. 4 were dissatisfied with this legislation or provision of the Grand Lodge, and accordingly introduced and passed in New England Lodge No. 4 certain preambles and resolutions reciting that the legislation and regulation of the Grand Lodge had been unwise and wrong, and resolved that New England Lodge then and there withdraw from the Grand Lodge and cease to hold any affiliations with it, and declared its purpose to thus remain independent of the Grand Lodge until the latter should rescind the legislation and regulation thus condemned by the members of New England Lodge. (Record, pp. 116, 117, 118, 119, 120, and 121.)

Similar action was taken by Horch Charter No.3 many members of New England Lodge and Horeb Chapter No.3 remained loyal to the Grand Lodge and the Grand Chapter and did not participate in the preambles and resolutions of secession. Thereupon, the Grand Lodge and Grand Chapter respectively expelled from Masonic membership the majority of New England Lodge No.4 and Horeb Chapter No.3 who had thus seceded and declared themselves independent, and these grand governing bodies being unable to take up the old charters issued by themselves respectively to New England Lodge and Horeb Chapter for the reason that they were secreted from them and in the possession of the seceders, issued new and substitute charters constituting and creating anew the loyal members respectively as New England Lodge No.4 and Horeb Chapter No.3. (Record, pp. 51 and 56, and oral examination of witnesses; also Exhibits Nos.4 and 5; Record, pp. 126 to 138.)

Thereupon, this lodge and this chapter requested Governor A. S. Bushnell, as the successor of Jeremiah Morrow in said trust, to execute and deliver a deed to the defendant, Rufus M. Weaver, who was chosen by said bodies to act as their trustee in order that proper proceedings might be taken to recover the property which remained in the hands of the seceders, the Governor being unwilling to institute such proceedings. (Ex. "B," Record, p 94.) In the meantime the seceders continued to meet in the property and to act as a society under the name of New England Lodge No.4, and the question is:

Which of these two subordinate lodges, each styling itself Hew England Lodge No.4, and which of these two chapters, each styling itself Horeb Chapter No.3, are the beneficiaries under the Snow deed, the seceders or the loyalists?

We maintain the latter, and the Circuit Court so decreed. We claim that this question lies at the very threshold of the controversy. It is put in issue by the pleadings, and if the plaintiffs are not the beneficiaries named in the deed, they have no standing in curt.

It is conceded by the parties that from the dates of their organization up to 1891 New England Lodge No. 4 was subordinate and under allegiance to the Grand Lodge, and Horeb Chapter No.3 was subordinate and under allegiance to the Grand Chapter, each sending representatives to its respective governing body; and that on April 8, 1891, the former, and on April 10, 1891, the latter, feeling a real or imaginary grievance, seceded from its grand governing body and declared itself free and independent, and thereafter, each uniting with others in rebellion to the Grand Lodge and Grand Chapter, organized and set up in Ohio a Grand Lodge and a Grand Chapter in rivalry with the grand governing bodies to which they formerly yielded obedience.

WE contend that when the voluntary society, New England Lodge No.4, and the voluntary society, Horeb Chapter No.3, divided in 1891, the part, though a minority, which adhered to the laws, usages, principles, and government of the Grand Lodge and Grand Chapter, respectively, continued to be the beneficiaries of the Snow deed, and the plaintiffs, though a majority in membership, by their acts of secession and their acting free and independent from their grand governing bodies in setting up organizations in rivalry to and with their grand governing bodies, ceased to be beneficiaries of the Snow deed, and therefore have no standing in a court of equity in any dispute about the property.

Bacon, in his work on "Benefit Societies and Life Insurance," states the general law regarding controversies in the civil courts concerning the property rights of religions and other societies. The learned author points out three inquiries controlling such controversies:

(1) Is the property devoted by express terms to a special trust?
(2) Is the society owning the property or fund of the strictly congregational or independent form of government, owing no submission to any organization outside of the congregation?
(3) Or is it one of a number of such societies united to form a more general body of churches with ecclesiastical control in the general association over the members of the societies of which it is composed?

If the property is by express terms charged with a trust, of course the courts will enforce the trust.

If the property belongs to a society purely independent or congregational in its form of government, the majority of its members control the use and disposition of the property, unless the laws and rules of the society itself provide otherwise.

If the society owning the property or funds is, however, a subordinate part of a general organization "with established tribunals for ecclesiastical government, these tribunals must decide all questions of faith, discipline, custom, or ecclesiastical government."

In such cases where the right of property in the civil court is dependent on the question of doctrine, discipline, ecclesiastical law, rule or custom or church government, and that has been decided by the highest tribunal within the organization to which it has been carried, the civil court will accept that decision as conclusive and be governed by it in its application to the ease before it.

Bacon on Benefit Societies & Life Ins., Section 77 (1st. Ed.).
The M. E. Church v. Wood, 5 O. Rep. 283.

We quote a portion of the syllabus:

"Seceders from the Methodist Episcopal Church who have organized a separate conference and rejected the office of bishop are not entitled to any portion of the property of the society from which they seceded."

1st Presbyterian Society v. 1st Pres. Soc., 25 O. S., 125.

In this case there was a church at Gallipolis known as the First Presbyterian Society existing from 1828 to1855, and being under the control of the Hocking Presbytery. In 1858 Bertha S. Tupper made a will, which was probated August 15, 1855, in which she set apart the sum of two thousand dollars to be invested "as a permanent investment for the use of the First Presbyterian Society." In 1856 a division arose and separate trustees were elected, the two organizations being known as the "Old School" and the "New School," the former adhering to the Rocking Presbytery, a larger organization exercising a supervisory government over it. The New School placed itself under the Athens Presbytery and conducted itself as an organization independent of the First Presbyterian Society under the Hocking Presbytery.

The question arose as to which was the beneficiary of the two thousand dollar legacy, and the court held in favor of the First Presbyterian Society known as the "Old School," which continued its allegiance and fidelity to the Hocking Presbytery.

This court in deciding the case of Mannix v. Purcell, 46 O. S. 101, in traveling over this doctrine, on page 187, through Owen, C. J., says:

"It has been held that where a religious body becomes divided, and the right to the property is in conflict, the civil courts will consider and determine which of the divisions submits to the Church, local and general. This division is entitled to the property. In determining which of the divisions has maintained the correct doctrine, the finding of the supreme ecclesiastical tribunal of the denomination in question is binding upon the civil courts."

Altmann v. Berry or Benz, 27 N. J. Eq. 331.

In this case it was held. where certain members of a lodge withdrew from the jurisdiction Of the Grand Lodge, surrendered their charter, and formed a new ledge, adopting the same name, and other members remained loyal to the Grand Lodge, which delivered to them the surrendered charter, the lodge as constituted by such loyal members was entitled to the property of the society.

The case cited is on all fours with the case at bar. In the former case the seceding members surrendered the charter, while they did not in the latter case; and the Grand Lodge delivered it to the loyal members, while in the latter case the Grand Lodge issued a substitute charter. But this variance in the fact does not make any difference in the principle.

Schnorr's Appeal, 67 Pa. St. 138; 5 Am. Rep. 415.

It was here held that ‘the title to the church property of a divided congregation is in that part, though a minority, which adheres to the ecclesiastical laws, usages, and principles of the denomination under which the church was constituted."

Roshi's Appeal, 69 Pa. St. 462; 8 Am. Rep. 275.

It was held "that title and use of the property of a divided congregation and the offices pertaining thereto belong to that portion which adhered to the denomination that conforms to its rule." A classic of the German Reformed Church of the United States, sitting as an ecclesiastical court, declare" certain offices held by defendants vacant; held, that this decision was binding on the courts.

We quote the last portion of the syllabus in support of our contention that when the Grand Lodge decided that the plaintiffs in the case at bar were in violation of its laws and therefore expelled them from the Order of Masonry, and recognized the loyal members as New England Lodge No.4 aud issued to them the substitute charter, it decided the question at issue between the litigants in this case so far as the courts of the Masonic Fraternity could decide the question, and that such decision is binding on the civil courts.

2d Lawson's Rights & Remedies, Section 617, states the doctrine as follows:

"Where property has been dedicated by way of trust to the support of a specific religious belief, it is the duty of the courts to see that the property so dedicated is not diverted from this purpose. A severance of the connection of a church belonging to the ecclesiastical organization with a certain form of belief and church government is a violation of the trust on which its property is held, and a diversion of it to a wrongful use which a court of equity will prevent."

Watson v. Jones, 13 Wall. 679 (20 L. F. 666).

This is an instructive case. The General Assembly of the Presbyterian Church, which has supreme ecclesiastical domination throughout the United States over that body of worshipers, during the Civil War took pronounced views in favor of the Federal Government and against slavery.

The Presbytery of Louisville, under whose immediate jurisdiction was the Walnut Street Presbyterian Church, adopted and published a declaration and testimony against what is styled to be "the enormous and heretical doctrine and practices which have obtained and been propagated in the Presbyterian Church of the United States in the last five years." This declaration denounced in severest terms the action of the General Assembly in the matters above mentioned ana declared their intention to refuse to be governed in that connection by the General Assembly, and invited the co-operation of all members of the Presbyterian Church sharing their sentiment, in a concerted resistance to what they called the usurpation of authority by the Assembly.

The schism prevailed throughout the Presbyterian Church of Louisville and extended to the Synod of Kentucky until the division became serious. This schism reached the Walnut Street Church and led to a division and the selection of contesting trustees, ruling elders, and two pastors. The question finally reached the court as to which of the contesting organizations was entitled to the church property.

The court held:

(1) That trustees and elders of the Presbyterian Church held possession of the property for the use of the persons who by the constitution, usages, and laws of the Presbyterian body are entitled to that use. That
(2) Individuals may dedicate property by way of trust to the purpose of sustaining and propagating definite religious documents, and it is the duty of the court to see that the property so dedicated is not diverted from such trust. That
(3) It is not in the power of the majority of a congregation to carry the property so confided to them to the support of a new and conflicting doctrine. That
(4) Where a church is of a strictly congregational or independent organization, and the property held by it has no trust attached to it, its rights to the use of the property must be determined by the ordinary principles which govern voluntary associations. That
(5) Where the local congregation is itself a member of a much larger and more important religious organization and is under its government and control and is bound by its orders and judgments, its decisions are final, and binding on legal tribunals. That
(6) Courts, having no ecclesiastical jurisdiction, can not revise or question ordinary nets of church discipline; their only judicial power arises from the conflicting claim of the parties to the church property and the use of it."

II

In order to defeat plaintiff's action it is not necessary that we should establish the claim that the loyalists are the beneficiaries under the deed; it is sufficient to obtain a decree for the defendants if the seceders fail to establish themselves as the beneficiaries named in the Snow deed.

It is a well-known maxim of the law "that the plaintiff can not recover on rite weakness of defendants title, but only on the strength of his own."

Cincinnati V. Hamilton Comity, 7 0. (1st pt.) 88, 98.
McArthur v. Gallaher, S O.512, 517.
Perkins v. Dibble, 10 O. 408, 488.

This maxim does not apply only to the common law action of ejectment, but equity recognizes the same principle under the different maxims in equity.

Thus, it is said, the plaintiff must come into court with clean hands, and that the plaintiff must do equity before he can receive equity at the hands of the court; and again, it is a well established requisite in all injunction proceedings that "the plaintiff must show a clear legal or equitable right, for there can be no injury, either irreparable or otherwise, where there is not a clear violation of right."

Beach on Modern Eq., Sections 13-643.
Powers Appeal, 155 Pa. St. 175 (11 Am. St. Rep. 82).

In this case the doctrine is couched in these words:
"A party must not only appear in a court of equity with clean hands, but * * * in good faith and with a just and equitable demand. And if an injunction is prayed for where upon a consideration of a whole case it ought not in good conscience to issue, a mere legal right in the plaintiff will not move the chancellor."

Bausman v. Kelley, 38 Minn. 197 (8 Am. St. Rep. 661).

This was an action to remove a cloud upon title and the court found the legal title was in the plaintiff, but that the defendant had purchased the land in good faith for value and under cover of title and without notice of plaintiff's right, and the court had that the relief should not be granted without regarding the equitable claim of the defendant, and stated the doctrine for which we are contending, that the plaintiff "can not invoke equitable relief and at the same time insist that the court shall not regard any fact in the conduct or relations of the parties which may show his suit inequitable and against conscience."

Spangler v. City of Cleveland, 43 O. S. 526.

We quote the second syllabus:

"The court will grant a perpetual injunction only when the party shows a clear right thereto."

State v. McGlynn, 20 Cal. 233 (81 Am. Dec. 118).

Without pursuing the facts of this long and interesting case, the doctrine for which we contend is expressed by Norton, Judge, on page 131 of American Decisions in these words:

"But it is always an absolute objection to the allowance of an injunction, * * * that the party seeking the injunction has no title to or interest in the property, and no claim to the ultimate relief sought by the litigation; in other words, that the complaint shows no equity."

O'Conner v. Corbett, 3 Cal. 370.

In this case the plaintiff settled on a tract of land belonging to the United States before the passage of the act permitting its preemption. He was a mere trespasser, and it was held that he could not enjoin another from entering on such land.

In suits for injunction in which the same rule obtains as in suits at law, the plaintiff must assert title in himself, and can not rely upon the weakness of his adversary's title.

10 Ency. of Plead & Prac. 946 and cases there cited.

How can it be said that this plaintiff, who is a trespasser, can come into a court of equity and with unclean hands and in outrage of equity say: "It is true, that with force and arms we put out the rightful tenants and are keeping them out, but then, we are in possession, and we ask a court of equity to prevent the defendants from doing anything that will put a cloud on the title to the property which we wrongfully hold?"

III

INCORPORATION

It may he said that a corporation exists as New England Lodge No.4, and that the plaintiff is such corporation.

If this view of the case is to be urged upon the court it will lead to a dismissal of the plaintiff's petition with unerring accuracy. For in this view of the case we have three distinct entities all styled New England Lodge No. 4, towit:

First. New England Lodge No.4, the corporation.
Second. New England Lodge No.4, the religious society.
Third. New England Lodge No.4, the loyalists.

And we have no hesitation to claim with confidence that the third is the beneficiary society named in the Snow deed.

The second can not be for reasons we have already shown that it is in rebellion against the controlling society. Nor the first, because it was not in existence at the time the Snow deed was made.

The corporation is either the same body mentioned in the Snow deed, in which event the incorporation adds no strength to its entity, or it is a different society, in which event it is not entitled to claim anything under the Snow deed.

We are not unmindful that churches, lodges, and societies may be incorporated in Ohio under Sections 3240 and 3241 of the Revised Statutes, but such incorporations would not enable the corporate body to determine who are and who are not the beneficiaries under the Snow deed.
It may be that when societies are thus incorporated they may determine who shall and who shall not become members, and they may be enabled to control the property of the corporation acquired alone by it, but the corporation can not modify or change the character of trust property settled for its benefit.

Keyser v. Stansifer, 6 O. 360.
Hardin v. Trustees of Second Baptist Church, 51 Mich. 137; 47 Am. Rep. 555.
Sale v. First Regular Baptist Church, 62 Ia. 26; 49 Am. Rep. 136.
Hale v. Everett, 53 New Hamp. 9; 16 Am. St. Rep. 87 to 192.

The authorities cited, and especially the latter case, which is a lengthy one, point out with great clearness the distinction, in case of incorporation, between the incorporated body and the unincorporated body, and define the limited authority of the corporation over trust estates settled for the benefit of the unincorporated society.

IV

SIMPLE TRUST

We claim that New England Lodge and Horeb Chapter purchased the real estate from John Snow, and paid a valuable consideration therefor, and that the deed was made to Jeremiah Morrow, Governor, and his successors in office, for the sole purpose of creating a simple or dry trust whereby the legal title might vest in a deathless grantee, the official occupant of the Governor's office, for the benefit of the lodge and chapter. This plan was adopted for no other purpose than because it was thought to be the most convenient one to hold the legal title for the benefit of an unincorporated society. The deed was in the ordinary form and clearly shows on its face that the trustee had no duty whatever except to hold the legal title. In all such cases the trustee holds for the benefit of the cestui qua trust, and on demand of the latter it is the duty of the former to convey the legal title to the beneficiary, or to such person as the beneficiary may nominate.

On the law of simple trusts we submit the following:

A simple trust is defined: "A confidence not issuing out of land, but as a thing collateral annexed in privity to the estate of the land, and to the person touching the land, scilicet, that cestui que trust should take the profit, and the terre tenant should execute an estate as he should direct."

Coke-Lit. 272b.

"A simple trust is where property is vested in one person, upon trust for another, and the nature of the trust not being prescribed by the settler, is left to the construction of law. In this case, the cestui que trust has jus habendi, or the right to be put in actual possession of the property, and jus disponendi, or the right to call upon a trustee to execute conveyances of the legal estate, as the cestni que directs."

1 Lewin on Trusts, Section 18.

"A simple trust is a simple conveyance of property to one, upon trust for another, without further specifications or directions. In such case, the law regulates the trust, and the cestui que trust has the right of possession and of disposing of the property, and he may call upon the trustee to execute such conveyances of the legal estate as are necessary."

1 Perry Trusts, Section 18.

"Trusts are divided into simple or passive, and special or active. A simple trust is one where property is vested in one person upon trust for another; the nature of the trust not being expressed, the law regulates it, and the cestui que trust having the right of possession, and of disposing of the property, may at any time call upon the trustee to make the necessary conveyances."

Flint on Trusts, Section 3.

Lewin states the law in the following language:

"With respect to a simple trust, as the trustee is the mere passive depository, he can in equity neither take any part of the profits, nor exercise any dominion or control over the corpus, except at the instance of the cestui que trust."

1 Lewin, page 575.

In speaking of the duties of trustees in cases of simple or dry trusts, Berry says:

"If such trustees refuse from improper motives to convey the dry legal title when required by a person clearly entitled to the equitable interest, the court will decree a conveyance and impose costs upon trustees for their refusal."

2 Perry on Trusts, Section 520.
See also Jones v. Lewis, 1 Cox's Eq. Cases 199.
Penfold v. Bouch, 4 hare 271.
Buttonshaw v. Martin, Johnson's Chan. Cases 89.
Van Boskerch v. Herrick, 65 Barb.

It was, therefore, the right of the beneficiaries under the Snow deed to choose Rufus M. Weaver as their trustee and to request the Governor to convey to him, and the deed made under such request is a lawful one, and plaintiffs have no right to complain.

We, therefore, respectfully submit that the judgment of the Circuit Court should be affirmed.
Respectfully submitted,

Andrews, Harlan & Andrews, Per Allen Andrews,
Of Course for Defendant in Error.

The important connection of the foregoing with Masonic interests in the future, and its interesting features as a part of Grand Lodge History, will doubtless sufficiently explain its incorporation herein and excuse the space used therefor.

LODGE OF AMITY OF ZANESVILLE, OHIO

This was No.105 on the roll of the Grand Lodge of Pennsylvania and is No.5 on the roll of the M.·. W.·. Grand Lodge of Ohio.

At a Communication of the M.·. W.·. Grand Lodge of Pennsylvania, held on June 24, 1805, a warrant was granted "to the Lodge of Amity" No.105 to be held at Zanesville, Ohio. Lewis Cass was named as its Worshipful Master; William Smyth, Senior Warden, and Peter Fuller, Junior Warden. Owing to the difficulties of communication at that period the Lodge of Amity was not constituted until in 1806.

The date upon which constituted is not known, its first meeting of record was held September 20, 1806. A set of jewels was presented to the lodge by the Grand Lodge of Pennsylvania.

At this meeting September 26, 1806 those present were William Smyth, Senior Warden; Levi Whipple, Junior Warden; Isaac Van Home, Treasurer; William Raynolds, Secretary; Pallid Convers, Senior Deacon, and Ebenezer Buckingham, a visitor, as Junior Deacon. In the absence of the W.·. M.·. W. Brother Lewis Cass, the Secretary, Brother William Raynolds, acted as Worshipful Master, and in the absence of the Tyler, Brother Daniel Converse acted as such, in addition to his ditties as Senior Deacon.

The interesting history of the Lodge of Amity, by J. Hope Sutor, states that at this meeting it was

Resolved, That three funds be by this lodge established, to-wit: a contingent fund, domestic charity fund, and grand charity fund.

Resolved, That all moneys arising from monthly contributions admissions, or initiations be and the same is hereby constituted a continent fund.

Resolved, That such moneys as arise from extra meetings and voluntary contributions be a domestic charity fund.

Resolved, That such moneys as are collected for our quarterly fees be a grand charity fund, and that the Secretary be directed to keep separate books for the purpose, that the lodge may at any time, upon examination, know the state of the funds.

Friday on or before the full moon was the night of meeting.

The fee for initiation was seventeen dollars, and one dollar to the Secretary; and for membership eight dollars to the lodge and one to the Secretary.

Every member was required to pay fifty cents at each stated meeting, and in addition seventy-five cents every three months.

In relation to the interesting incident of the presentation of a set of jewels by the M.·. W.·. Grand Lodge of Pennsylvania to the Lodge of Amity of Zanesville, it is stated:

These jewels are still in possession of the lodge, although their use has long since been abandoned. As but few of the members have ever seen them, a description of these relies will be attempted.

The Past Master's jewel consists of the compasses extended seventy degrees on an arc, and within the space thus formed a brazen sun; the jewel is similar in design to the one now worn by Brethren of this distinguished rank, and is a very handsome piece of workmanship. The square, level, and plumb are cut from a thin sheet of silver, of about the thickness of heavy sheet tin, and a casual observer would doubtless mistake them for pieces of that base metal, as they bear no ornamentation except a very simple line around the edges.

The Deacons' jewels are similar in character to the foregoing, being simply equilateral triangles with-out any device or ornamentation.

The Treasurer and Secretary's badges partake of the character of the Past Master's, being handsomely designed and engraved; the former consists of two very nicely, executed keys, crossed; the latter two well cut pens, crossed, to the nibs of which are fastened art open book.

Each jewel is solid silver, engraved 'No.105' and bears the manufacture's stamp 'W. Gethen'.

Of the installation of officers in 1807 it is stated that at an extra lodge "held January 20th there were present Isaac Van Horne, Master pro tern., Brothers Whipple, Raynolds, Smyth, Convers, and Benjamin Tupper of No.1. After a short consultation, Brothers Smyth and Convers withdrew; Brother Smyth, who was to be installed Master of the lodge and Brother Convers not being a Past Master, A Past Master's lodge was then opened and Brother Smyth duly installed and proclaimed, after which the remaining officers were inducted to their stations and places."

Of the next meeting it is stated that on February 20th "the lodge was closed early, as several Brethren were present from the other side of the river and there was the greatest probability of the ice breaking very shortly."

August 2nd there were seven members and five visitors present. Brother Cass produced two letters addressed to him, one from Erie Lodge No.47, the other from Scioto Lodge No.2, on the subject of establishing a Grand Lodge in the State of Ohio, whereupon it was unanimously.

Resolved, That this lodge coincide in opinion with the lodges of Chillicothe and Erie upon the subject of establishing a Grand Lodge within this State, and that a committee of three members, to wit, Brothers Van Horne, Cass, and Worshipful Master (Levi Whipple), be appointed, who are authorized to take any steps which they may consider necessary in order to carry into effect the co-operation of this lodge.

Resolved, That a deputation of two suitable members be appointed by this lodge to meet at Chillicothe, on the 1st of January next, for the purpose contemplate by the foregoing resolution, and that they be vested with ample powers to represent this lodge in the Grand Convention.

At the meeting of September 11th it was ordered that a record of the letters received from the Erie and Chillicothe Lodges be made, together with the replies thereto, "that posterity may know how and when a Grand Lodge of the State of Ohio was formed.

December 11, 1807, the Worshipful Master presented a letter from the former Master William Smyth, stating that Brother George A. Baker, Grand Secretary, was the proxy of Lodge No.105 in the Grand Lodge of Pennsylvania. At this meeting the semiannual election was held, and on December 28th installation occurred.

August 25, 1808, the Secretary was instructed to "have warned in such of the Master Masons as may be within Masonic cabletow to meet at the lodge room, for purposes to be then and there made known." This "extra lodge" was called at the instance of Brothers Converse and Lewis, to be advanced to the fourth and fifth steps. Brothers Ichabod Nyc and Benjamin Tupper, of Lodge No.1, were present, the former presiding.

The applicants were accordingly duly prepared and passed the chair, and also received the benefit of a Mark Master, or fifth (?) degree of Masonry; acknowledging not only their gratitude for the favors conferred on them by the fourth degree, but thanks for the information how, when and where, in future, they may receive their wages as Mark Masters.

January 2, 1809, the first Grand Communication of the Grand Lodge was held, and the charter and bylaws of the Lodge of Amity were presented by its representatives, but four lodges having appeared, Warren, Zanesville, Chillicothe, and Cincinnati.

The Grand Lodge of Ohio was regularly organized as hitherto stated, and on January 26,1809, the Grand Master issued a dispensation to the Lodge of Amity, the original of which is still preserved in excellent condition. It reads as follows:

Samuel Huntington, Most Worshipful Grand Master of the Right Worshipful Grand Lodge of Ohio, to the Worshipful Master, Wardens, Subordinate Officers, and Brethren of the Lodge of Amity No. 105, held at Zanesville, in Muskingum County and State of Ohio, or within five miles of the same, sendeth Greeting.

Whereas, The Lodge of Amity No.105, having surrendered her charter obtained from the Grand Lodge of Pennsylvania, conformably to the rules and orders of the convention of lodges held at Chillicothe on the 8th day of January, A. D. 1808, and of Masonry 5808, has became entitled to a new charter from the Grand Lodge of Ohio;

And, whereas, it is for the benefits of Masonry that no interruption should take place in the assembling of Masons heretofore within the jurisdiction of the Lodge of Amity No.105, I have, therefore, by virtue of the powers and authorities vested in me by the Right Worshipful Grand Lodge of Ohio, granted this, my dispensation, to the Master, Wardens, Subordinate Officers, and Brethren of the Lodge of Amity No.105, hereby authorizing and empowering them to continue their assembling as heretofore at Zanesville, Muskingum County, or within five miles of the same, to admit and make Free Masons according to the most ancient and honorable custom of the Royal Craft in all ages and nations throughout the known world, and not contrariwise; to elect and install their officers according to ancient usage; and to make such rules, bylaws, and regulations as they may deem expedient for the good of the Craft and the government of said lodge, contravening none of the ordinances of the Grand Lodge of Ohio.

This Dispensation to be in force until a regular Warrant or Charter can be made and granted to said Lodge of Amity No. 105 by the authority of the Grand Lodge of Ohio, provided always that the Brethren of the Lodge of Amity No. 105 shall pay due respect to the Right Worshipful Grand Lodge of Ohio, and the rules and ordinances thereof, otherwise this Dispensation to be of no force or effect.

Given under the hand of the Most Worshipful Grand Master, countersigned by the Grand Secretary and sealed with his private seal, this 26th day of January, A. D. 1809 and of Masonry 5809.

SAMUEL HUNTINGTON

Henry Brush,
Grand Secretary

The first meeting of the lodge under authority of the Grand Lodge of Ohio occurred February 24, 1809, at which were present Brothers Levi Whipple, W. M.; Daniel Convers, S. W.; William Burnham, J. W. pro tern.; William Raynolds, Secretary pro tem., and Brothers Benoni Peirce and Robert Oliver of Lodge No.1. The bylaws were amended by reducing the admission fees to two dollars and the meeting fees to twenty-five cents, and it appears from the ledger that all who had paid the higher fees were credited with the excess "by reduction."

Brother Burnham's application for membership was received.

The Dispensation from the M.·. W.·. Grand Master having been read, Brother Raynolds was directed to write to the Grand Secretary requesting him when the Charter is made out to have the same express the places where the Lodge of Amity is to sit, that is to say, at Zanesville and Springfield (afterwards known as Putnam) annually, alternately, agreeably to our original Charter.

On March 31, 1809, it was "ordered that the Lodge of Amity do meet on the next lodge night at Brother Burnham's in Springfield, and there to continue to sit for one year from this date." The Secretary was instructed to notify the Brethren and to state that "at that time Brother Peirce expects to take one step at least in Masonry." Brother Burnham, who was admitted a member at this meeting, was a Captain in the Revolutionary Army, and an associate with Putnam and Tupper in the formation of American Union Lodge at Marietta, of which he was Steward for many years, a position he also held for many years in the Lodge of Amity. "He came to Springfield in 1808 and opened a public house on the corner of Muskingum and Putnam Avenues. The building was of brick, three stories in height, and was the first structure of the kind erected in this portion of the State; here it was that the lodge held its first meeting in Springfield, on April 28th, when the lodge conferred the Fellow Craft's degree upon Brother Benoni Peirce."

In January, 1810, Brothers Raynolds and Convers represented Amity Lodge in Grand Lodge. At this meeting of the Grand Lodge Brother Lewis Cass was elected Grand Master; Brother Convers, J. G. D.; and Brother Raynolds was named as one of a committee from each lodge to "take into consideration the Constitution and Bylaws of the Grand Lodge during the recess, and report at the next Grand Communication such amendments as were deemed expedient."

On December 27, 1810, the officers were installed by Grand Master Lewis Cass. Twenty three members and twenty visitors were in attendance. "Being attended with suitable music the lodge formed a procession and proceeded to the representative chamber (Zanesville was then the Capital of Ohio) ; after singing and prayer by the Reverend William Jones, an elegant and appropriate oration was delivered by Brother Lewis Cass, R.·. W.·. G. M. The lodge then formed a procession and proceeded to Brother B. Peirce's, where they partook of an elegant dinner, after which the procession was again formed and proceeded to the lodge room."

Brother Benjamin Rough was Secretary of State, and affiliated with the lodge, March 8, 1811. During the continuance of the seat of government at Zanesville the meetings of the lodge were attended by many Brethren eminent in Ohio's history; State officers, judges, and members of the General Assembly partook of the refreshments which were so lavishly provided at the lodge meetings of that period. On January 15, 1812, a charter was issued to the Lodge of Amity, a copy of which is given herewith as its quaint phraseology will doubtless he appreciated. It is engrossed with a pen, on a large sheet of parchment, and a copy of its text was procured only after a tedious application of chemicals to restore the faded ink.

TO ALL THY FRATERNITY

Grand Lodge Seal Impressed on an eight- pointed star.

"To whom these presents shall come. The Grand Lodge of the most ancient and honorable society of Free and Accepted Masons of the State of Ohio, send Greetings.
"Whereas the Brethren of Lodge of Amity No. - in compliance with the ordinance and laws of this Grand Lodge have heretofore surrendered their Warrant or Charter obtained from the Right Worshipful Grand Lodge of the Commonwealth of Pennsylvania and thereby became entitled to a warrant or Charter from this Grand Lodge.

Low. Cass,
Grand Master.
Jac. Burnet,
Deputy G. Master
Phileinon Beecher
Grand Treasurer.

"Therefore know ye that we, the Grand Lodge of Ohio, reposing special trust and confidence in the prudence and fidelity of our beloved Brethren of said Lodge of Amity, in pursuance of the said ordinances and laws have granted and by these Presents Do grant unto the Brethren of said Lodge and their successors our full power and authority to convene as Masons within the Town of Zanesville, in the county of Muskingum, Ohio, aforesaid, and as heretofore they were wont when assembled to receive and Enter Apprentices, pass Fellow Crafts and raise Master Masons upon the payment of such compensation as may be determined by this Grand Lodge, also to make choice of a Master, Wardens and other office-bearers annually, or otherwise as they shall see cause, to receive and collect funds for the relief of poor and Distressed Brethren, their Widows and Children, and in general to transact all matters relating to Masonry which may to them appear for the Good of the Craft according to the ancient usages and customs of Masons. And We do hereby require the said Lodge of Amity to attend the Grand Lodge at their Annual Communications and other meetings by their Master and Wardens, or by proxies Regularly appointed, also to keep a fair and regular record of all their proceedings and to lay them before the Grand Lodge when required. And we do enjoin upon our Brethren of the said Lodge that they
be punctual in the annual or quarterly payments of such Sums as may be assessed for the support of the Grand Lodge. And we do hereby declare the precedence of the said Lodge of Amity in the Grand Lodge and elsewhere to commence from the date of their aforesaid Charter which is on the 24th day of June, one thousand eight hundred and five.

In Testimony Whereof, we the Grand Master, Deputy Grand Master and Grand Wardens, by virtue of the power and authority to us committed have hereunto set our hands and caused the seal of the Grand Lodge to be affixed at
Chillicothe this Fifteenth day of January Eighteen hundred and Twelve, and of Masonry Five Thousand eight hundred and Twelve.

By Order of the Grand Lodge
Henry Brush, Grand Senior Warden; John Woodbridge, Grand Junior Warden; Angus Lewis Langham, Grand Secretary.

The Brethren retain the privilege granted by their former charter of meeting either on the Zanesville or Springfield (now Putnam) side of the river."

During the War of 1812 the meetings of the Lodge of Amity were but few and were poorly attended. Prominent among those who fell in the war was Captain Benoni Peirce, who was killed at the battle of Mississinewa River, December 19, 1812. "Amity Lodge and the Grand Lodge made liberal donations to his widow." In 1813 the Hon. Alexander Harper, subsequently prominent as a Mason, jurist, and statesman, was made a Mason in "Amity."

In 1814 Brother Isaac Van Horne, a Revolutionary soldier and a Past Master of a lodge in Pennsylvania, whose name appears so frequently in the early Grand Lodge records, was elected Worshipful Master of the lodge, and his address to the lodge in acknowledgment of the honor conferred, is a gem in its way and is therefore quoted herewith.

"Officers and Brethren of the Lodge of Amity No.5:

"As this is the first opportunity I have had, since my elevation to the chair, to acknowledge the obligations I am under for your distinguished partiality toward me, permit me to address you in a few words. As my election was unsolicited, and unexpected, it was the more grateful to my feelings. I view it as the harbinger of returning harmony and Brotherly love, so essential in a lodge of Masons. The time has been when this lodge, notwithstanding the differences of its members on political and other subjects, maintained, as well in the lodge as out of it, the utmost harmony. The causes of its interruption and the effects produced by it would be invidious to attempt to point out; let it be buried in oblivion or remembered only to guard against the unruly passions, the source of all moral evil.

Without a critical examination of the constitution of our order, let it suffice to observe that conscientious Masons view the obligations of the Craft as designed to inculcate and enforce all the social and moral duties, which we owe to each other, and all those habits which have a tendency to ennoble the man, and the Christian.

A good Mason will be diligent in the exercise of his lawful profession, quiet and chaste in his demeanor, peaceful and obedient to the ruling power, and submissive to the dispensations of Providence. Whoever seriously contemplates the extension and blessed influence which the principles and practice of our venerable institution diffuse through life, will be irresistibly led to pronounce it calculated for the glorious purpose of advocating and assisting the cause of humanity, wherever it exists; it is an art happily modeled with the great design of uniting the understanding and the hearts of all the men, whatever be their various opinions on political or religious subjects, in all nations. Let us then shun contention and forgive injuries; act friendly toward each other, orderly, just and merciful, and to these virtues add charity, which is the essence and soul of our ancient and amicable order.

"These sentiments are not to be understood to apply to any member or members of this lodge, or to exculpate myself; they are dictated by the purest of motives to admonish all to be on their guard against injurious impressions, which may be hastily adopted without due consideration, against those with whom we may happen to differ in opinion on the subjects before alluded to."

Justly pro-eminent among the honored names on the roll of the Lodge of Amity is that of its first Worshipful Master, General Lewis Cass, who was not only a Grand Master of Masons in Ohio, but later in life was also the Grand Master of Masons in the State of Michigan. Of him it is appropriately said in the History of "Amity:"

"Lewis Cass was the second attorney who located at Zanesville, and was the first Prosecutor of Muskiugum County. He was United States Marshal of Ohio for several years; a number of the committee of the Ohio Legislature to investigate the Burr Conspiracy; the first American soldier to step on British soil after the declaration of war, in 1812; taken prisoner at Hulls surrender, and broke his sword rather than surrender it; was commissioned Brigadier General; in October, 1813, was appointed Governor of Michigan; in 1817 concluded a treaty with the Indians, which John C. Calhoun, then Secretary of War, pronounced the most important treaty hitherto made with the Indians; served as Secretary of War under President Jackson six years, and represented the United States at Paris for a similar period; on his return to the United States was elected Senator from Michigan, which he resigned upon his nomination for the Presidency, a distinction he would have attained but for the personal hostility of Van Buren; became Secretary of State in Buchanan's Cabinet, 1857, but resigned at the beginning of the Civil War, and died June 17, 1866, aged eighty-four years."

He was made a Mason in American Union Lodge No 1, Marietta, Ohio, and. his petition, still on file in that lodge, reads as follows:

"To the Right Worshipful, the Master, Wardens, and Members of American Union Lodge No. 1:

I, Lewis Cass, beg to be admitted to the sacred mysteries of Freemasonry, if thought worthy.
"Marietta, Nov. 7, 1803. Lewis CASS."

Another distinguished citizen made a Mason in the Lodge of Amity was R.·. W.·. Brother the Hon. David Spangler, who subsequently removed to Coshocton, where he died in 1856.

Of another eminent Brother, Dr. Calvin Conant of Putnam, who was Worshipful Master the second time in 1820, it is related that about 1820, when a silver craze was created by the reputed discovery of that metal at Chandlersville, he was chosen president of the company formed to develop the mine, Upon one occasion, while the men were at work in the shaft, the machinery employed in elevating the buckets became disordered, and the loaded bucket descended, threatening death to all below. With a heroism seldom excelled, the Doctor endeavored to arrest the beam by bracing himself behind a piece of timber to receive the blows from the rapidly revolving "sweep;" all through repeatedly felled to the earth by the blows, he as frequently interposed his body to save the lives of the men below and succeeded. The prostration incident to the act, and the injures received, were supposed eventually to have occasioned his decease. He was the Master of the Lodge of Amity, and subsequently one of the originators and Master of LaFayette Lodge No.79.

"On June 28, 1822, in a class of five initiated as Entered Apprentices was the afterwards celebrated Thomas Cole, the painter of the 'Course of Empire,' the 'Voyage of Life,' etc., and of whom William Cullen Bryant said in his funeral oration "he 'had a fixed reputation and was numbered among the men of whom our country has reason to be proud.'"

In 1823, it is said, Brother James Caldwell, the father of our late R.·. W.·. Brother John D. Caldwell, became Worshipful Master of the lodge of Amity. "Brother Caldwell came from Baltimore, Md., where he married; while enjoying his bridal tour he was captured by the British and held a prisoner on the man-of-war with Francis S. Key, during the bombardment of Fort McHenry, Baltimore, at which time the latter wrote the 'Star Spangled Banner,' and presented a copy to Mrs. Caldwell."

Prior to 1830 and later, in many Jurisdictions it was customary to have refreshments at each stated communication of the lodge. The Steward's bill reported at a meeting held September 26, 1820, "enumerating four pounds of cheese, two gallons of cider, and one dollar and seventy-five cents' worth of cakes and crackers." Many of their collations, however, were of a more sumptuous character. The use of intoxicating liquors being permissible, "the hours of refreshment" were sometimes, although doubtless seldom, permitted "to be converted into excess," and in 1831, at a communication held February 25th, it was "resolved that refreshments at communications be discontinued for the future." The anti-Masonic craze, which had its commencement in the State of New York in 1826, did not reach Ohio until a few years later. In 1831 its influence began to be felt in Grand Lodge, and but thirty-five subordinate lodges were represented in Grand Lodge. The representation continued to become reduced each year until in 1837, when but seventeen subordinate lodges were represented in Grand Lodge, as will be further noted herein. During this period the Lodge of Amity was continuously represented in Grand Lodge and maintained its organization intact throughout the disturbed period. In 1835 Brother George L Shinnick, a Past Master of Amicable Lodge No.25 of Baltimore, Maryland, became a citizen of Zanesville and affiliated with the Lodge of Amity. On account of his Masonic ability and sterling qualities he soon became a leader in its affairs, and his conservative influence was soon felt as a potent factor in the prosperity of "Amity." The limit of this history will not permit the enumeration of the many eminent Brethren who have been members of or who have been made Masons in the Lodge of Amity, of whom, however, further mention will be made in the subsequent history of the subordinate lodges of Ohio. In this, however, it would not be pardonable to omit the name of our late genial and lovable Brother R.·. W.·. John D. Caldwell, a native of Zanesville, who was made a Mason in Amity Lodge, August 2, 1844, and who later in life served twenty-seven years as Grand Secretary of the M.·. W.·. Grand Lodge of Ohio. He was also Grand Secretary of the three other State Grand Bodies for several years, and was nine years Grand Recorder of the Grand Encampment of Knights Templars of the United States, and Grand Secretary of the General Grand Chapter of Royal Arch Masons of the United States. The Lodge of Amity has but recently been further honored by the advancement through the offices Of the Grand Lodge of M.·. W.·. Brother C. S. Hoskinson of Zanesville, to the honored position of Grand Master of Masons in Ohio. SCIOTO LODGE NO. 2 Now Number 6 on the roll of the M.·. W.·. Grand Lodge of Ohio. This lodge was constituted under a charter from the M.·. W.·. Grand Lodge of Massachusetts dated November 22, 1805, with Colonel Thomas Gibson, Auditor of the Territory, as Worshipful Master; Brother Jarvis Cutler, Senior Warden, and Nathaniel Willis as Junior Warden. In 1808 Brother William H. Puthuff succeeded Brother Thomas Gibson as Worshipful Master. At the convention held at Chillicothe, January 4, 1808, for the purpose of organizing a Grand Lodge, Scioto No.2 was represented by Brother Thomas Gibson and Elias Langham, both designated as Royal Arch Masons. At this convention five of the members of Scioto Lodge No.2 were elected by ballot as officers of the proposed Grand Lodge: Henry Massie as Grand Treasurer; Philemon Beecher, Grand Senior Deacon; Levin Belt, Grand Junior Deacon; Charles Augustus Steuart,* Grand Marshal, and Peter Spurck, Grand Tyler. At the first meeting of the M.·. W.·. Grand Lodge of Ohio, held in accordance with its organization in convention at Chillicothe, January 2, 1809, the above named Brethren were in attendance as Grand Lodge Officers, with W. Brother William II. Puthuff ** W. M.. of Scioto Lodge as R.·. W.·. Junior Grand Warden pro tem, in the absence of R.·. W.·. Brother Isaac Van Horne of the Lodge of Amity at Zanesville. * This name is given as "Steuart," Stuart and Stewart. The name on the Dispensation however is spelled Stuart. ** The local roster of Scioto Lodge gives this name as "William Pullhnff." Scioto Lodge was also represented in Grand Lodge by its accredited delegates, Brothers Charles A. Steuart, Henry Brush, and John Woodbridge; the certificate of their appointment with the charter and a copy of the bylaws of Scioto Lodge No.2 was submitted to the Grand Lodge through its Committee on Credentials, and the report of that committee, in recognition of the regularity of the lodge and its representation, was concurred in by the Grand Lodge. A number of the Brethren who were members of Scioto Lodge No.2 were also in attendance upon Grand Lodge all Past Masters it that period were considered members of Grand Lodge if present. The Ohio Legislature then and for several years thereafter held its sessions in the town of Chillicothe annually, except for about three years, when they were held in Zanesville. For its greater convenience and many of the members of the Legislature also being members of the Fraternity the Grand Lodge held its Communications at the same place, which gave the Brethren of Chillicothe the opportunity of attendance upon Grand Lodge, and many of them were from time to time called upon to fill vacancies occasioned by the non-attendance of Grand Lodge officers. The prestige is given to Scioto Lodge resulted in the election of many of its members also to office in Grand Lodge. A somewhat similar state of affairs also occurred with the Brethren of the Lodge of Amity of Zanesville when the Ohio Legislature convened in that pace. At the meeting of the Grand Lodge in 1809 Brother Henry Massie was re-elected Grand Treasurer; Brother Henry Brush was elected Grand Secretary; Brother John Woodbridge, Grand Marshal; Brother Philemon Beecher, Grand Senior Deacon; and Brother Peter Spurck, "Grand Steward and Tyler." All were members of Scioto Lodge. At this session of the Grand Lodge it was voted that a dispensation should be given to each of those lodges surrendering its charter, to be in force until a charter was granted in its stead by the M.·. W.·. Grand Lodge of Ohio. Scioto No.2 being one of the number, its dispensation was issued January 26, 1809. At the Annual Communication in 1810 Brother Philemon Beecher of Scioto Lodge was elected as Grand Treasurer, superseding Brother Henry Massie of that lodge, and Brother Henry Brush of the same lodge was reelected Grand Secretary, and Peter Spurek re-elected "Grand Steward and Tiler." In 1811 a petition was presented "from a number of Master Masons in Chillocothe, praying to be established and chartered (as) a lodge by the name of Chillocothe Lodge;" on a motion for its reference to a committee, the Grand Lodge record states that "leave was granted to withdraw said petition." No explanations are given in relation thereto and no further mention seems to have been made of the petition in Grand Lodge. In 1812 R.·. W.·. Brother Henry Brush, for three years Grand Secretary, was elected R.·. W.·. Senior Grand Warden, and Brother Angus Lewis Laugham of Scioto Lodge was elected Grand Secretary. In 1813 M.·. W.·. Brother Henry Brush of Scioto Lodge was elected M.·. W.·. Grand Master, and R.·. W.·. Brother Robert Kercheval of the same lodge was elected Grand Secretary. In 1818 the Grand Lodge convened in Columbus in accordance with the vote at its preceding Annual Communication. Neither the Grand Master, M.·. W.·. Brother Henry Brush, nor the Grand Secretary, R.·. W.·. Brother Robert Kercheval of No.6, was in attendance upon Grand Lodge, and Scioto Lodge No.6 was also unrepresented in Grand Lodge. The Grand Secretary was ordered to "express to the late Grand Master, M.·. W.·. Brother Henry Brush, the high opinion entertained to the Grand Lodge for his Masonic abilities; and that the grateful thanks of this lodge be tendered to Brother Brush for the able and judicious manner in which he presided over the same." The term of service as Grand Master of M.·. W.·. Brother Brush extended from 1813 to 1818. There seen's to have been no Grand Officer from Scioto No.6 from that period until 1825, when R.·. W.·. Brother George II. Fitzgerald of that lodge was elected Grand Junior Warden. From 1821 to 1824, inclusive, Brother Thomas Orr represented the lodge and was prominent on Grand Lodge committees, and in 1826 Brother Moses Levi of No. 6 was elected Grand Senior Deacon. In 1828 Scioto No.6 was again represented by Brothers Thomas Orr, E. King, and J. Ballache. Past Grand Junior Warden R .·. W.·. Brother George R. Fitzgerald of No.6 was also in attendance, and was elected "Grand Senior Warden." In 1829 R.·. W.·. Brother Fitzgerald was not present, but Scioto Lodge No.6 was represented by the Reverend Brother Pleasant Thurman, who was at that Grand Communication elected Grand Chaplain. In 1833 Scioto was not represented in Grand Lodge. In 1834 it was represented by Past Grand Master M.·. W.·. Brother Henry Brush and Brother W. Y. Emmitt. Although with the exception of but one year Scioto Lodge was annually represented in Grand Lodge, yet from the reference to a communication from that lodge to the Grand Lodge in the proceeding's of the Annual Communication of 1834 it is inferred that the war upon Freemasonry had been severely felt in that as in so many other lodge jurisdictions. The following brief mention is all, however, that is contained in the Grand Lodge records in relation thereto: "The committee to whom was referred the communication from a convention of Masons at Chillicothe, Ross County, having had the same under consideration respectfully report: That, owing to the situation of the Brethren of Scioto Lodge No.6, your committee think them excusable, inasmuch as that course was considered the best to allay the excitement then existing against Masonry, and so far as the operations of said lodge were suspended in Consequence of the epidemic cholera, and the appropriation of their hall to the use of a hospital during that time, your committee think this course highly commendable, and strictly in accordance with the benevolent purposes of Masonry; they would therefore recommend the adoption of the following resolution: Resolved, That the Brethren of Scioto Lodge No.6 be restored to all their rights and privileges, and that they be authorized to resume their Masonic labors, on the said lodge paying into the hands of the Secretary of the Grand Lodge all arrearages of dues." In 1835 and 1886 Scioto Lodge was not represented the Grand Lodge. In 1837, however, it was represented by Brother James D. Caldwell of Scioto No. 6, who at that Grand Communication was elected R.·. W.·. Grand Secretary of the M.·. W.·..Grand Lodge of Ohio, and who was continuously re-elected as such until in 1844, completing a service of ten years. Since that period Scioto No.6 of Chillicothe has had a continued prosperous existence, and on its roster, past and present, among others may be recalled the names of Brothers Philip Klein, Matt. H. Watt, James Gates, George D. Martin, Colonel R. H. Lansing, and Eminent Sir Fr. H. Rehwinkel, Grand Commander of Knights Templars of Ohio, of eminent Brethren who have passed over to the beyond; and of the present membership W. Brother William E. Evans, Grand Recorder of the Grand Council R. & S. M. of Ohio for many years, is justly entitled to a prominent place in the annals of Ohio Freemasonry. MORNING DAWN LODGE NO. 7, GALLIPOLIS The historical references to Morning Dawn Lodge in the Proceedings of the M.·. W.·. Grand Lodge of Ohio and in its early records are of a very meager character, and are the more unsatisfactory on account of the absence of any local history of the lodge, no date whatever in that connection having been furnished the Grand Lodge historian. With this explanation it will be apparent that the history of that lodge herein must of necessity be brief and devoid of many interesting incidents that are usual in the early history of the pioneer Masonic lodges of Ohio and that should be a matter of historical record. The application for a Dispensation for a lodge in Gallia County was presented to the M.·. W.·. Grand Lodge of Ohio at its Annual Grand Communication in 1810, on the second day of the session, January 3rd. On the day following, on report and recommendation of the committee to whom it was referred, the Grand Lodge granted the petition and ordered that a Dispensation should be issued for the establishment of that Lodge. No copy, however, of the Dispensation or of the names of the petitioners is contained in the early Grand Lodge records. At a Special Communication of the Grand Lodge held at Chillicothe, September 3, 1810, Morning Dawn Lodge was represented in Grand Lodge by Brother Robert Safford, proxy. At the Annual Communication of the M.·. W.·. Grand Lodge of Ohio in 1811 Morning Dawn Lodge was not represented. At the Annual Grand Communication held January 6, 1812, Morning Dawn Lodge was represented by Brother Nathaniel Gates, proxy. On the third day of that Grand Communication, R.·. W.·. Brother Edward Tupper, the Worshipful Master of Morning Dawn Lodge, was elected Junior Grand Warden by the Grand Lodge. As there is no mention of the installation of the officers at that Grand Communication, it can not be determined in all cases as to the presence or absence of the officers elect; Brother Tupper, however, was doubtless not in attendance, as the office to which he had been elected was filled by Brother Charles Smith as Junior Grand Warden pro tern. at the session of January 11th of that Grand Communication. In 1813 Morning Dawn Lodge was represented in Grand Lodge by Brother Robert Safford, then Senior Warden of Morning Dawn Lodge, and Brother Lewis Summers, proxy. Although Brother Edward W. Tupper was not in attendance upon the Grand Lodge in 1813 as its Junior Grand Warden, he was nevertheless elected as Senior Grand Warden at its session of the second day on the election of Grand Officers. On the fourth day of that Grand Communication Brother Robert Safford of Morning Dawn Lodge was elected as Grand Lecturer, an office created at that Annual Meeting. The returns of the subordinate lodges to the M.·. W.·. Grand Lodge in 1814 show that the following Brethren were the officers of Morning Dawn Lodge: Edward W. Tupper, Worshipful Master; Robert Safford, Senior Warden; Nathaniel Gates, Junior Warden; J. P. R. Beaureau, Treasurer; Francis La Clerque, Secretary; John Meeker, Senior Deacon; and Orasha Strong, Junior Deacon. The following Brethren are named in its list of Past Masters: Andrew Lewis, Lewis Summers, Edward Tupper, Nathaniel Gates, and J. P. R. Beaureau. As virtual Past Masters were accorded the rights of actual Past Masters, except that of voting in Grand Lodge, and as actual Past Masters were accorded the rights pertaining to membership in the subordinate lodges upon which they were in attendance, it is often therefore but a matter of conjecture as to the actual status of Brethren named in the list of subordinate lodge Past Masters in early lodge records. At the Annual Communication of the Grand Lodge of Ohio in 1813 Morning Dawn Lodge was designated as Number 7, a number which would have seemed to belong rightly to Harmony lodge of Urbana, Dayton, and Springfield in accordance with the order of its permanent establishment. In 1814 R.·. W.·. Brother Edward W. Tupper was in attendance upon the Annual Communication of the Grand Lodge as its Senior Grand Warden. With Brother Lewis Summers he represented Morning Dawn Lodge No.7, and he was again re-elected as Senior Grand Warden. At the Annual Grand Communication of the Grand lodge in 1815 R.·. W.·. Brother Tupper was in his station as Senior Grand Warden, and at this Communication reported that, owing to the inundations and high waters in Gallia County and the sickness of its officers, Morning Dawn lodge was unable to hold its annual election the preceding year. Accordingly a resolution was adopted by the Grand Lodge recognizing R.·. W.·. Brother Tupper, its late Worshipful Master as the representative of Morning Dawn Lodge. In this connection it is proper to state that from the Grand Lodge records it would seem that Brother Tupper was one among the most active and influential members in Grand Lodge. In 1817, 1818, and 1819 Morning Dawn Lodge was not represented in Grand Lodge, and again in 1821, 1826, and 1827 it was also not represented. Its representative in later years, including 1828, was Brother George House. Whilst the Grand Lodge record states that Morning Dawn Lodge No.7 "ceased since 1828," it was represented in Grand Lodge in 1829 by Brother William Fielding, Grand Lecturer and a member of Temperance Lodge No.73. After a period of twenty years a dispensation was granted by M.·. W.·. Brother M. Z. Kreider, Grand Master of Masons in Ohio, on May 7, 1849, for the establishment of a new lodge at Gallipolis Gallia County. Its petitioners were Joseph Drouillard, Peter Chapder, C. Clendenin, Peter H. Stunberger, E. S. Menager, P. Merager, L. W. Langly, Franklin Carel, and Darius Maxon. At the Anna1 Communication of the Grand Lodge of Ohio, had at Steubenville, October 15th to 19th, inclusive, in 1849, on the second day of the Communication a charter was granted to "Morning Dawn Lodge at Gallipolis, Gallia County, to be numbered (7)," since which period it has maintained a continued prosperous existence. It now numbers ninety-two resident members and sixty non-resident members. Distinguished among its members may be mentioned Brother George D. McBr