Napoleon’s Legacy to his Colonies

Introduction

chateau_lieu_salleSacre

Museum and National Estate of Versailles and Trianon. Jacques-Louis David, The Coronation of Napoleon, 1807. Dimensions: 10 metres wide by over 6 metres tall. In 1808 David was commissioned by American entrepreneurs to paint a full size replica, immediately after the release of the original. David painted it from memory and finished the work in 1822. In 1947 the replica was returned to France.

Napoleon is widely seen as a military genius and perhaps the most illustrious leader in world history. Of the 60 battles, Napoleon only lost seven (even these were lost in the final phase). The leading British historian Andrew Roberts, in his 926 pages biography Napoleon: A Life (2015), mentions the battles of Acre (1799), Aspern-Essling (1809), Leipzig (1813), La Rothière (1814), Laon (1814), Arcis-sur-Aube (1814), and Waterloo (1815). Often forgotten is the battle that Napoleon lost in the French colony of Saint-Domingue (now Haiti). On 18 November 1803, the French army under the command of general Donatien-Marie-Joseph de Vimeur, vicomte de Rochambeau, and the rebel forces under Jean-Jacques Dessalines, a self-educated slave with no formal military training, collided at the battle of Vertières. The outcome was that Napoleon was driven out of Saint-Domingue and Dessalines led his country to independence. It is interesting to see what Napoleon’s legacy was.

Saint-Domingue’s sugar

Saint-Domingue was a French colony on the Caribbean island of Hispaniola from 1659 to 1804. The French had established themselves on the western portion of the islands of Hispaniola and Tortuga by 1659. The Treaty of Rijswijk (1697) formally ceded the western third of Hispaniola from Spain to France. The French then renamed it to Saint-Domingue. During the 18th century, the colony became France’s most lucrative New World possession. It exported sugar, coffee, cacao, indigo, and cotton, generated by an enslaved labor force. Around 1780 the majority of France’s investments were made in Saint-Domingue. In the 18th century, Saint-Domingue grew to be the richest sugar colony in the Caribbean.

Revolution in France

A plantation in the Caribbean was very labor intensive. It required about two or three slaves per hectare. Due to the importation of Africans the slave population soon outnumbered the free population. The slave population stood at 460,000 people, which was not only the largest of any island but represented close to half of the one million slaves then being held in all the Caribbean colonies (Klein: 33).

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The French colony of Saint Domingue had a substantial agricultural economy featuring sugar, coffee, indigo and tobacco. The island was a huge importer of African slaves, at one point comprising a third of the entire trade in the Western hemisphere, with approximately 685,000 men, women and children arriving brought into the colony during the 18th century. Duke University Haiti Lab https://sites.duke.edu/marronnagevoyages)

Conditions on sugar plantations were harsh. During the eight-month sugar harvest, slaves often worked continuously around the clock. Accidents caused by long hours and primitive machinery were horrible. In the big plantations, the slaves lived in barracks. Planters primarily wanted males for plantation work. There were few women as these were only needed for propagation. Families did not exist. The result was a kind of rebelliousness among the slaves which manifested itself in various ways. Planters reported revolts, poisonings, suicides, and other obstructive behavior. These men, women and children did not have a life or history of their own.

Slavery was ultimately abolished in all French colonies in 1848 by Victor Schœlcher, the famous French journalist and politician who was France’s greatest advocate of ending slavery. On 10 May 2001, the French Parliament adopted Law 2001-434, of which the first article reads: “The French Republic acknowledges that the Atlantic and Indian Ocean slave trade on the one hand and slavery on the other, perpetrated from the fifteenth century in the Americas, the Caribbean, the Indian Ocean and in Europe against African, Amerindian, Malagasy and Indian peoples constitute a crime against humanity.”

The start of the French Revolution in 1789 was the initiator of the Haitian Revolution of 1791. When the slaves first rebelled in August of 1791 they were not asking for emancipation, but only an additional day each week to cultivate their garden plots.

The French Revolution began in 1789 as a popular movement to reform the rule of Louis XVI. However, the movement became out of control and between 5 September 1793 and 27 July 1794 France was in the grip of a Reign of Terror. This period ended with the death of Robespierre. In the aftermath of the coup, the Committee of Public Safety lost its authority, the prisons were emptied, and the French Revolution became decidedly less radical. In October 1795, the National Convention (the third government of the French Revolution) used Napoleon Bonaparte and the army to crush riots. During the night of 4 October, over 300 royalist rebels were shot dead in front of the Church of Saint Roch. The rest had scattered and fled. Under the Directory that followed between 1795 and 1799 bourgeois values, corruption, and military failure returned. In 1799, the Directory was overthrown in a military coup led by Napoleon, who ruled France as First Consul and after 1804 as Emperor of the French.

Napoleon’s attitude towards slavery

In 1794, during the Terror period of the French Revolution, slavery in France’s colonies was abolished. However, this policy was not fully implemented. When unrest broke out in Saint-Domingue, Napoleon wanted to renew France’ commitment to emancipation, mainly because of political reasons. Napoleon stated that slavery had not been formally abolished, since the abolition had not been realized. His politics aimed at the return of the former French colonists. Napoleon believed they were better able to defend French interests against the British that the revolutionaries. Thus as First Consul, by a decree of May 20, 1802, Napoleon restored slavery and the slave trade in Martinique and other West Indian colonies. The law did not apply to Guadeloupe, Guyane or Saint-Domingue:

Le décret du 30 floréal An X [May 20, 1802]

AU NOM DU PEUPLE FRANÇAIS, BONAPARTE, premier Consul, PROCLAME loi de la République le décret suivant, rendu par le Corps législatif le 30 floréal an X, conformément à la proposition faite par le Gouvernement le 27 dudit mois, communiquée au Tribunat le même jour.

DÉCRET.

ART. I.er – Dans les colonies restituées à la France en exécution du traité d’Amiens, du 6 germinal an X [March 27, 1802], l’esclavage sera maintenu conformément aux lois et réglemens antérieurs à 1789.
ART. II. – Il en sera de même dans les autres colonies françaises au-delà du Cap de Bonne-Espérance.
ART. III. – La traite des noirs et leur importation dans lesdites colonies, auront lieu, conformément aux lois et réglemens existans avant ladite époque de 1789.
ART. IV. – Nonobstant toutes lois antérieures, le régime des colonies est soumis, pendant dix ans, aux réglemens qui seront faits par le Gouvernement.

Although Napoleon did not believe in the idea of racial equality, later in his life, his attitude towards the African slaves became more ethical. His change of attitude is reveled during his exile on St. Helena. During that time, Napoleon developed a friendship with an old slave called Toby. When Napoleon heard how Toby had been captured and enslaved, he reportedly expressed a wish to purchase him and send him back to his home country. His loyal friend, the French atlas maker and author Emmanuel-Augustin-Dieudonné-Joseph, comte de Las Cases (1766 – 1842) notes in his well-known memoirs (Las Cases 1823: 217):

Napoleon’s kindness of heart was also shown by his attitude toward the Malay slave, named Toby, who had care of the beautiful garden at The Briars. When no one was in it the garden was kept locked and the key was left in Toby’s hands. Toby and Napoleon speedily became friends, and the black man always spoke of the Emperor as “that good man, Bony.” He always placed the key of the garden where Napoleon could reach it under the wicket. The black man was original and entertaining, and so autocratic that no one at The Briars ever disputed his authority. His story was rather pathetic.

and (Las Cases 1823: 383):

What, after all, is this poor human machine? There is not one whose exterior form is like another, or whose internal organization resembles the rest. And it is by disregarding this truth that we are led to the commission of so many errors. Had Toby been a Brutus, he would have put himself to death; if an Aesop he would now, perhaps, have been the Governor’s adviser, if an ardent and zealous Christian, he would have borne his chains in the sight of God and blessed them. As for poor Toby, he endures his misfortunes very quietly: he stoops to his work and spends his days in innocent tranquility…. Certainly there is a wide step from poor Toby to a King Richard. And yet, the crime is not the less atrocious, for this man, after all, had his family, his happiness, and his liberty; and it was a horrible act of cruelty to bring him here to languish in the fetters of slavery.

Napoleon’s war in Saint-Domingue

Napoleon had an obvious personal relation with the colonies. In January 1796, Napoléon Bonaparte proposed to Marie Josèphe Rose Tascher de La Pagerie and they married on 9 March 1796. She adopted the name “Josephine” that Napoleon had chosen for her. Josephine was born in Les Trois-Îlets, Martinique. She was a member of a wealthy white planters family that owned a sugarcane plantation, called Trois-Îlets. Josephine was the eldest daughter of Joseph-Gaspard Tascher (1735–1790), knight, Seigneur de la Pagerie, lieutenant of Troupes de Marine, and his wife, Rose-Claire des Vergers de Sannois (1736–1807). The latter’s maternal grandfather, Anthony Brown, may have been Irish. It cannot have been a coincidence that slavery was specifically re-established in Martinique.

toussaint

The Morgan Library and Museum. Joseph Ducreux (1735-1802), Portrait of a Gentleman (Toussaint Louverture?) ca. 1802, Black, brown and white chalks on gray-blue laid paper. 20 1/2 x 16 1/4 inches (521 x 413 mm). Estate of Mrs. Vincent Astor. http://www.themorgan.org

In 1791, the slaves and some free people of color in Saint-Domingue started a rebellion against French authority. In May 1791 the French revolutionary government granted citizenship to the wealthier mostly light-skinned free persons of color, the offspring of white French men and African women. Saint-Domingue’s European population however disregarded the law. One of the slaves’ main leaders was François-Dominique Toussaint Louverture, also known as Toussaint L’Ouverture or Toussaint Bréda. At first Toussaint allied with the Spaniards in Santo Domingo (the other half of the island of Hispaniola). The rebels became reconciled to French rule following the abolition of slavery in the colony in 1793, prompting Toussaint to switch sides to France. For some time, the island was quiet under Napoleonic rule. On 1 July 1801 Toussaint promulgated a Constitution, officially establishing his authority as governor general “for life” over the entire island of Hispaniola. Article 3 of his constitution states: “There cannot exist slaves [in Saint-Domingue], servitude is therein forever abolished. All men are born, live and die free and French.”. During this time, Napoleon met with refugee planters. They urged the restoration of slavery in Saint-Domingue, claiming it was essential to their profits.

Jefferson supplied Toussaint with arms, munitions and food. He was seen as the first line of defense against the French. He had already foreseen that Toussaint would put up considerable resistance, and anticipated on Napoleon’s failure in the West-Indies. It would prove to be one of the most important strategic choices in the development of the current United States.

On 25 March 1802 Napoleon signed the Treaty of Amiens. It turned out not be be more than a truce. The Treaty gave both sides a pause to reorganize. In 18 May 1803 the war was formally resumed. During this peace Napoleon made reestablishing France’s control over its colonial possessions a priority. In December 1801 he sent Charles-Victor-Emmanuel Leclerc (1772-1802) to the colony.

Meanwhile Toussaint enforced a hard regime on plantation laborers. By crushing a rebellion of the workers, he isolated himself and weakened his position. Leclerc landed at Cap-Français in February 1802 with warships and 40,000 soldiers. The French won several victories and after three months of heavy fighting regained control over the island. The revolutionary generals led a fanatic guerrilla war against the French troops and in a number of occasions were very successful. However, Toussaint faced a major setback when some of his generals joined Leclerc. Toussaint’s mixed strategies of total war and negotiation confused his generals who one after the other capitulated to Leclerc, beginning with Christophe. Finally Toussaint and later Dessalines surrendered.

Toussaint was forced to negotiate a peace. In May 1802 he was invited by the French general Jean Baptiste Brunet for a negotiation. His safety was guaranteed. On Napoleon’s secret orders Toussaint was immediately arrested and put on ship to France. He died in a prison cell in the French Alps of cold and hunger. It should be mentioned that Dessalines played a significant role in the arrest of Toussaint (Girard). Dessalines obtained 4000 francs and gifts in wine and liquor for him, his spouse and the officers involved (Girard). When in October 1802 it became apparent that the French intended to re-establish slavery, because they had done so on Guadeloupe, Toussaint’s former military allies, including Jean Jacques Dessalines, Alexandre Pétion and Henri Christophe, switched sides again and fought against the French. In the meanwhile disease took its toll on the French soldiers. The revolution was revitalized when Leclerc died of yellow fever in november 1802. The Haitian Revolution continued under the leadership of Dessalines, Pétion and Christophe.

After the death of Leclerc, Napoleon appointed the vicomte de Rochambeau (who fought with his father under George Washington in the American Revolutionary War) as Leclerc’s successor. His brutal racial warfare drove even more revolutionary leaders back to the rebel armies.

The revolutionary ideas spread

The situation in the Caribbean was chaotic. The situation in Europe was the direct cause, but the Haitian revolution contributed to uncertainty as well as illustrated by events that took place on the neighboring island of Curaçao.

Case Study: Curaçao

In September 1799, two French agents from Saint-Domingue, together with a Curaçao-resident French merchant, Jean Baptiste Tierce Cadet, were arrested for conspiring to overthrow Curaçao’s government and to liberate the slaves. They were deported without trial. Tierce Cadet was accused of being the local ringleader. He was accused of being part of a plan originating in Saint-Domingue: the liberation of the slaves in all the colonies in the Caribbean. Eight months after being deported from Curaçao, Tierce, en route to France, arrived in the Batavian Republic. He was travelling with an officer of the Batavian navy, Jan Hendrik Quast. Both men were arrested and questioned. The Batavian authorities intended to put Tierce on trial for trying for overthrowing the Curaçao government and plotting to liberate the slaves. However, it appeared very difficult to produce the necessary evidence against him (Klooster, 148-149).

Saint-Domingue becomes independent

The Battle of Vertières on 18 November 1803 was the final event that stood between slavery liberty in Saint-Domingue. It involved forces made up of former enslaved people on the one hand, and Napoleon’s French expeditionary forces on the other hand. Vertières is situated in the north-east, near the sea. By the end of October 1803, the revolutionary forces fighting the expeditionary troops were already in control over most of the island.

Haitian_Revolution

Haitians led by Jean-Jacques Dessalines and François Capois attacked a strong French-held fort of Vertières, near Cap François (in the north of Haiti) and won a decisive victory over French colonial army under General Comte de Rochambeau and forced him to capitulate the same night. http://thelouvertureproject.org/

The revolutionary troops attacked the remaining French soldiers at Vertières. After heavy fighting the battle ended when heavy rain with thunder and lightning drenched the battlefield. Under cover of the storm, Rochambeau pulled back from Vertières. At the Surrender of Cap Français, Rochambeau was forced to surrender to the English. He was to taken England as a prisoner on parole, where he remained interned for almost nine years.

Although the fighting in Saint-Domingue during the time of the revolution had horrible moments and both parties committed gruesome war crimes, one particular event in the battle of could be seen as a sign of respect by Rochambeau towards the revolutionaries.

“At 4 a.m. on Nov. 18, 1803, part of the forces began an attack on Breda, one of the outlying forts. Rochambeau surprised, left Cap and took a position with his honor guard on the entrenchments at the fort of Vertieres, between Breda and Cap. To take the objective specifically assigned to him, François Capois and his troops had to cross a bridge that was dominated by the fort at Vertières.
Capois, on horseback, and his men met a hail of fire as they advanced. Despite a bullet passing through his cap, Capois urged his men forward. Even a bullet which leveled his horse and another which again passed through his cap did not stop Capois from flourishing his saber and leading his men onward with his continuing cry of Forward! Observing this, Rochambeau’s guards applauded. Rochambeau caused the firing to be stopped and sent a hussar forward with compliments for Capois! Then the battle recommenced.” (Burton Sellers)

Shortly after the battle, the first declaration of independence was read in Fort-Dauphin on 29 November 1803. It was signed by Dessalines, Christophe and Clerveaux. They all had been generals under Leclerc little more than a year earlier. The declaration did not mention the current name “Haiti”, but still spoke of “Saint-Domingue”. The second Act of Independence was read by Dessalines on the Place d’Armes of Gonaïves on 1 January 1804. The act marked the beginning of independence what from that moment on would be known as the republic of Haiti. It marked the beginning of the end of slavery in the colonies.

Napoleon’s Legacy

Because Napoleon had failed to re-enslave Saint-Domingue he was missing the plantation revenues. As war with England was inevitable and he could not raise enough assets, Napoleon abandoned his colonial policy. France’ immense territory of Louisiana was sold to the United States on 30 April 1803 by means of the Louisiana Purchase Treaty. It was the birth of what now is considered the most powerful nation in the world, as Livingston made clear in his famous statement: “We have lived long, but this is the noblest work of our whole lives…From this day the United States take their place among the powers of the first rank.”

After the declaration of independence, Dessalines proclaimed himself Governor-General-for-life of Haiti. Between February and April 1804 he orchestrated the massacre of the white Haitian minority; between 3,000 and 5,000 people. On 2 September 1804, Dessaline proclaimed himself emperor under the name Jacques I of Haiti. He was crowned on 8 October 1804 (two months before Napoleon) with his wife Marie-Claire Heureuse Félicité at the Church of Champ-de-Mars, Le Cap by Pere Corneille Brelle, later His Grace Monseigneur the Archbishop of Haiti, Duke de l’Anse, and Grand Almoner to King Henry I. Jaques I Promulgated the Constitution of Haiti on 20 May 1805 (Buyers: 2017).

soulouque-coronation

Gustave d’Alaux describes the coronation of Faustin I in his book, Soulouque and his Empire: “His Imperial Majesty had the principal merchant of Port-au-Prince called one morning and commanded him to order immediately from Paris a costume, in every particular like that he admired in representing the ceremonies of Napoleon’s coronation. Faustin I besides ordered for himself a crown, one for the Empress, a sceptre, globe, hand-of-justice, throne, and all other accessories, all to be like those used in the coronation of Napoleon.”.

Former revolutionary Henry Christophe succeeded Emperor Jacques I I as provisional Head of State after his death on 17 October 1806. He was installed as Lord President and Generalissimo of the Land and Sea Forces of the State of Haiti with the style of His Serene Highness on 17 February 1807. Christophe was proclaimed as King of Haiti and assumed the style of His Majesty on 26 March 1811. He was Crowned by His Grace Monseigneur Corneille Brelle, Duke de l’Anse, Grand Almoner to the King and Archbishop of Haiti, at the Church of Champ-de-Mars, Le Cap-Henry, on 2 June 1811. Christophe was Grand Master and Founder of the Royal and Military Order of Saint Henry on 20 April 1811. He married at Cap Français on 15 July 1793, H.M. Queen Marie-Louise (b. at Bredou, Ouanaminthe on 8 May 1778; d. at Pisa, Italy, on 14 March 1851, bur. there at the Convent of the Capuchins). Christophe committed suicide at the Palace of Sans-Souci, Milot, on 8 October 1820, having had issue, three sons and two daughters. He was succeeded by another revolutionary general, Alexandre Sabès Pétion, who had as well been one of Haiti’s founding fathers (Buyers: 2017).

In 1825, France demanded Haiti compensate France for its loss of slaves and its slave colony. It threatened with a new invasion. In 1838, France agreed to a reduced amount of 90 million francs to be paid over a period of 30 years. In 1893 the final part of the principal was paid. By 1947 Haiti paid the modern equivalent of USD 21 billion (including interest) to France and American banks as “compensation” for being enslaved for centuries.

In 1849 the Napoleonic style was copied by Emperor Faustin I of Haiti who adopted the style of His Imperial Majesty. Faustin I was proclaimed emperor at the National Palace, Port-au-Prince, on 26 August 1849 and crowned at the renamed Imperial Palace on the same day. He was consecrated at the old Cathedral of Notre Dame de l’Assomption, Port-au-Prince, on 2 September 1849. The emperor promulgated a new Constitution on 20 September 1849 and was crowned at the Champ de Mars, Port-au-Prince, in the presence of the Vicar-General Monsignor Cessens according to Episcopalian (Franc-Catholique) rites, on 18 April 1852. Faustin was styled Chief Sovereign, Grand Master and Founder of the Imperial and Military Order of St Faustin and the Imperial Civil Order of the Legion of Honour 21 September 1849, and of the united Orders of Saint Mary Magdalen and Saint Anne 31 March 1856, all in three classes. Grand Protector of the Franc-Masonic Order 1850-1859. Patron Collège Faustin 1848-1859. He was founder of the Imperial Academy of Arts in 1856 (Buyers: 2017).

Literature

Alaux, Gustave D., Maxime Raybaud, and John H. Parkhill. Soulouque and his empire. From the French of Gustave dAlaux. Richmond: J.W. Randolph, 1861.

Burnard, Trevor G., and John D. Garrigus. The plantation machine: Atlantic capitalism in French Saint-Domingue and British Jamaica. Philadelphia: University of Pennsylvania Press, 2016.

Burton Sellers, W.F. “Heroes of Haiti.” Windows on Haiti: Heroes of Haiti. Accessed July 08, 2017. http://windowsonhaiti.com/windowsonhaiti/heroes.shtml.

Buyers, C. “HAITI – Royal Ark.” Accessed July 8, 2017. http://www.royalark.net/Haiti/haiti6.htm.  Website by Christopher Buyers on the genealogies of the Royal and ruling houses of Africa, Asia, Oceania and the Americas.

Cases, Emmanuel-Auguste-Dieudonné Las. Memorial de Sainte Hélène. Journal of the private life and conversations of the Emperor Napoleon at Saint Helena. Boston: Wells & Lilly, 1823.

Christophe, Henri, Thomas Clarkson, Earl Leslie Griggs, and Clifford H. Prator. Henry Christophe, a correspondence. New York: Greenwood Press, 1968.

Dwyer, Philip. Napoleon: the path to power, 1769 – 1799. London: Bloomsbury, 2008.

Dwyer, Philip G. Citizen emperor: Napoleon in power. New Haven: Yale University Press, 2015.

Girard, Philippe R. Slaves who defeated napoleon: toussaint louverture and the haitian war of independence, 1801-1804. Tuscaloosa: Univ Of Alabama Press, 2014.

Klooster, Wim, and Gert Oostindie. Curaçao in the age of revolutions, 1795-1800. Leiden: Brill, 2014.

Klein, Herbert S. The Atlantic Slave Trade. Cambridge: Cambridge University Press, 1999.

“The Louverture Project.” Accessed July 08, 2017. http://thelouvertureproject.org. The Louverture Project (TLP) collects and promotes knowledge, analysis, and understanding of the Haitian revolution of 1791–1804.

Mentor, Gaétan. Dessalines: le̕sclave devenu empereur. Pétionville, Haïti: Impr. Le Natal, 2003.

Roberts, Andrew. Napoleon: a life. New York: Penguin, 2015.

Sloane, W. M. “Napoleons Plans for a Colonial System.” The American Historical Review 4, no. 3 (1899): 439.

Sortais, Georges. Important tableau par Louis David: “Le sacre de Napoléon”. S.l.: S.n., 1898.

The relation between genealogical and judicial truth

At the Rootstech 2016 conference, American genealogist James Ison made an interesting remark regarding direct and indirect genealogical evidence. Ison is currently Manager of Strategy and Planning at the Family History Library, an important genealogical research facility in Salt Lake City. The library is operated by FamilySearch, the genealogical arm of The Church of Jesus Christ of Latter-day Saints. Ison earned a Master’s Degree from George Washington University. He is recognized as an authority in the field of genealogy. Ison stated:

Direct evidence is awesome. A birth certificate will list the name of parents. It’s direct evidence. It answers a question. A marriage license will say what the bride’s maiden name is. A baptismal record will say the dates and the places of birth—just exactly what we want.

(…)

Indirect evidence is like a puzzle piece. You can’t answer any particular question just based upon this piece of evidence. You have to fit it together.

In cases where only indirect evidence is available, the Genealogical Proof Standard is helpful in establishing credible research. The Standard is based on a book written by mrs Christine Rose; Genealogical Proof Standard: Building a Solid Case. It includes five essential steps for accurate research:

  1. Reasonably exhaustive research has been completed.
  2. Each statement of fact has a complete and accurate source citation.
  3. The evidence is reliable and has been skillfully correlated and interpreted.
  4. Any contradictory evidence has been resolved.
  5. The conclusion has been soundly reasoned and coherently written.
Sir Roger Charles Doughty Tichborne, original taken by Thomas Helsby in Santiago, January - February 1854

Sir Roger Charles Doughty Tichborne, original taken by Thomas Helsby in Santiago, January – February 1854

Applying the Genealogical Proof Standard does not guarantee that the truth will prevail, but it serves accountability and transparency. In my opinion genealogical proof resembles Lakatos views on the concept of truth. Lakatos’ suggested that in science, a scientific theory should be seen as a succession of slightly different theories and experimental techniques. These theories all share a common hard core, called a research programme. The question of whether a theory is true of false is replaced by the question of whether a research programme is progressive or degenerating. A progressive research programme is characterized by growth and prediction of novel facts and more precise predictions. In contrast, a degenerative program is marked by a lack of growth and does not lead to novel predictions that are later verified (Imre Lakatos, Philosophical papers. Vol I: The methodology of scientific research programmes. I. Science – Philosophy 2. Mathematics – Philosophy. I. Title 11.). Genealogical research can also contain some of these characteristics. After establishing the basic facts (often in the form of a family tree), theories regarding missing facts can be based on indirect evidence. To a certain extend, they can be characterized as a prediction for finding direct evidence (e.g. a marriage certificate). If, for example, someone has lived and worked in England for all his life, it can be predicted that he has married in England and research regarding his marriage should not start in South America. A genealogical progressive research programme elaborates on certain basic findings and develops theories (in the form of predictions) about the missing information.

In some cases, genealogical evidence is used in legal matters. Legal evidence has a totally different character, in particular when court rulings are given. In such cases a progressive research programme can hardly be determined. The case ends in a decision in a relatively short period of time.

Judicial evidence

The judicial process can be seen as a a kind of black box, within which information from all kinds of sources is processed according to defined rules of evidence in order to produce a new form of truth: the ‘judicial truth’. This type of truth becomes, to a certain extent, simply one more competing version of truth. Like other versions, it can be accepted, refuted, celebrated or simply ignored. This is illustrated in two cases where genealogical evidence was essential for establishing judicial truth. In the first case, the evidence is in particular based on witness statements, with some degree of technical evidence. In the second case, conclusive evidence is given by a DNA-test.

The Tichborne case

The Tichborne case was a well-known legal dispute in Victorian England in the 1860s and 1870s. It concerned the claims by a man called Arthur Orton, later Thomas Castro, to be the missing heir to the Tichborne baronetcy. Orton failed to convince the courts, was convicted of perjury and served a long prison sentence.

Roger Charles Tichborne was born in Paris on 5 January 1829. He was raised mainly in France, although the Tichborne lands and fortune were based in Hampshire, England, where his uncle was the 8th baronet. As a result of his upbringing, Roger spoke English with a strong French accent.  At the age of 20, Roger joined the 6th Dragoon Guards in Dublin, but sold his commission three years later in 1852. In 1853, Roger’s father inherited the Tichborne baronetcy after the deaths of his two elder brothers. In the same year, Roger, now the heir to the Tichborne title and fortune, travelled to South America. In 1854, he boarded a ship, the Bella, bound for New York, but less than a week later, the Bella was lost at sea and Roger was declared dead in 1855. The Tichborne baronetcy was passed to Roger’s younger brother Alfred in 1862 when his father died. Alfred died only four years later, just months before the birth of his son, who inherited the title at birth in 1866.

Roger’s mother, Lady Henriette Tichborne, was devastated by the news of her son’s disappearance at sea. She remained hopeful that he had survived the shipwreck and sent out inquiries across the world as to his whereabouts. In November 1865, Australian solicitor William Gibbes sent Lady Tichborne a letter, informing her that a man, claiming to be her son, had contacted him. This man was a butcher from Wagga Wagga, calling himself Tom Castro. Although he was physically larger than Sir Roger, had lighter hair and spoke no French, these discrepancies did not bother Lady Tichborne, who had not seen her lost son for more than ten years.

After Lady Tichborne’s death in 1868, Orton was compelled to continue the pretence, as he needed the Tichborne inheritance to pay off his large debts. This led some of the Tichborne family to take him to court over his claim, beginning one of the most celebrated legal cases of the nineteenth century.

The first trial lasted almost a year, from 11 May 1871 to 5 March 1872. Tichborne v. Lushington was a civil trial to establish Orton’s claim to the Tichborne inheritance. Nearly one hundred people spoke in Orton’s defence, but the holes in his story soon became obvious, particularly his inability to speak French – Sir Roger’s childhood language.

Arthur Orton’s perjury trial, Regina v. Castro, began in 1873 and lasted over six months. This time a jury had to be convinced that Orton’s claim to be the lost Sir Roger Tichborne was false. Again, the evidence against Orton was damning, and in February 1874, he was convicted of two counts of perjury and sentenced to 14 years’ hard labour by Lord Chief Justice Sir Alexander Cockburn (source: State Library New South Wales).

An important issue was the degree of facial resemblance of Orton to the Tichborne family, which fact never has been fully explained. It may suggest that there was some kind of biological relation between Orton and the Tichborne family. In the University College London Galton Papers a document can be found, stating:

2225. [stamped in left margin]University College London Galton Papers 158/2M[end stamp] [underscore]MEMORANDUM We have had submitted to us, for Examination,[end underscore] enlarged authentic [italics]Photographs;[end italics] First, of Mr. Roger Tichborne, (date, 1854): Secondly, of the person claiming to be Sir Roger Tichborne, (date, 1874). [underscore]These Portraits have Geometrically Bisected[end underscore]: and the several divided sections we have ourselves affixed, interchanged, and transferred from one Portrait to another. [underscore]We are of Opinion that the Perfect Combination[end underscore] and Minute Correspondence of the several sections are [italics]bona fide[end italics] and unimpeachable, and fully justify the conclusion that [italics]one and the same person sat for each portrait.[end italics] Fredk. Snary, Photographer, [established, 1856] 26, Castle Street, Bristol. Louis Lowenthall, Photographer, [established, 1858] 14, N. Wine Street, Bristol. John Hayward, Print-Seller, [established, 1840] 1, Corn Street, Bristol. Frederick Bowden, Print-Seller, [established, 1850] 27, U. Arcade, Bristol. H. Gardiner, Ornamental Carver, [30 years] 28, Victoria Place, Clifton. T. Sherwood, Smith, Practical Surveyor and Land Agent [40 years] 30, Corn St. Bristol. [end]

The case however was finally solved by applying classic legal rules of evidence. There was no room for developing a research programme.

The Pringle of Stichill case

The law is a living construct. It develops with society, bringing new challenges and new opportunities into the courtroom. Currently, the law is changing rapidly as a result of the ongoing evolution of digital technology. In one specific field, that of evidence gathering for genealogical purposes, the Pringle of Stichill-case should be seen as a milestone case.

On 5 January 1683 Charles II granted the Baronetcy of Stichill (“the Baronetcy”) to Robert Pringle of Stichill “and the male heirs of his body”. The eighth baronet was Sir Norman Robert Pringle, who lived from 1871 to 1919. He married Florence Vaughan, who gave birth to Norman Hamilton Pringle (“Norman Hamilton”) and subsequently to two more sons, the first of which was Ronald Steuart Pringle (“Ronald Steuart”), who died in 1968. Norman Hamilton was enrolled without opposition as the ninth baronet. When he died in 1961 his son Sir Steuart Robert Pringle (“Sir Steuart”) was enrolled without opposition as the tenth baronet. Sir Steuart died in April 2013.

The two claimants in this matter are Sir Steuart’s son, Simon Robert Pringle (“Simon”), and Norman Murray Pringle (“Murray”), son of Ronald Steuart. Following Sir Steuart’s death, both Simon and Murray registered claims to succeed to the Baronetcy. Simon’s claim is made on the basis that, as Sir Steuart’s male heir, he is entitled to be enrolled as the 11th baronet. Murray, however, claims that Norman Hamilton was not the legitimate son of the eighth baronet and that accordingly the true ninth baronet was his late father, Ronald Steuart. Murray thus claims to be the true tenth baronet.

Murray’s claim relies upon DNA evidence obtained as part of “the Pringle Surname Project”. This was founded by Murray to determine the chieftainship of the clan Pringle, and the late Sir Steuart provided his DNA for the project. Expert opinion on the totality of the DNA evidence was that it provided “very strong support” for the view that the eighth baronet is grandfather to Murray but not Sir Steuart. Simon does not dispute the DNA evidence, but he raises four arguments as to why it should not be admitted on public policy grounds. By this reference the Board is required to advise Her Majesty as to (i) who is entitled to be entered on the Official Roll of the Baronetage as the Baronet of Pringle of Stichill and (ii) whether the DNA evidence should be admitted in order to determine the first question.

The Board finds that there is no legal ground for excluding the DNA evidence, which demonstrates to a high degree of probability that Norman Hamilton was not the son of the eighth baronet. The Board therefore concludes that (i) Simon is not the great grandson of the eighth baronet and is not the heir male of the first baronet; and (ii) Murray is the grandson of the eighth baronet and is, as the heir male of the first baronet, entitled to succeed to the Baronetcy (source: The Judicial Committee of the Privy Council, Privy Council Reference No 0079 of 2015).

Conclusions

The term ‘evidence’ is widely used in many different ways and in many different contexts. Genealogical evidence is often used for claims regarding the use of titles of nobility. Even when based on so-called ‘direct’ evidence, it is not certain whether these claims are true or not true, as the Pringle case shows. The concept of truth is the core of many philosophical discussions and it is my advice to be careful when claims of nobility or genealogy are either accepted, refuted, celebrated or simply ignored. In numerous cases regarding such claims, truth is no more and no less than a personal choice, often based on the assumption that written statements in official registers correspond with biological facts (see e.g. C.W. Delforterie, Liegen tegen de dominee: drie voorbeelden van het laten dopen van buitenechtelijke kinderen als zijnde tijdens een huwelijk verkregen / door C.W. Delforterie In: Liber Amicorum Jhr. Mr. C.C. van Valkenburg / [met een ten geleide van A. Snethlage en bijdr. van W.J. Kolff … et al.]. – ‘s-Gravenhage: Centraal Bureau voor Genealogie, 1985. – P. 69-80: geneal. tab. Met lit. opg.). One thing is certain. Written statements cannot change biological/genealogical facts but such facts can change written statements.

Advice on buying manorial lordships

Introduction

A very interesting document is available on the internet, called “Manorial Lordships and Statutory Declaration. A Cautionary Description“. On the first page it reads:

The principal interest lies in the paradox he explains – that the much used Statutory Declaration proves not that a vendor owns a manorial lordship, but rather that he probably does not.

Numerous manorial lords rely on a statutory declaration for proving that their manorial title is genuine. Does this mean that most of them actually cannot prove the ownership of the manorial title?

Development

In the feudal system all legal and economic power belonged to the lord of the manor or king, who was supported economically from his land and from labour, goods, or coin from tenants under his authority.

In 1446 King Henry VI obtained parliamentary ratification of the many grants of land he had made to King's College of the Blessed Virgin Mary at Eton by a Consolidation Charter. The illumination of its opening letters, shown above, is a beautiful example of English 15th century art. In it the King kneels to offer his charter on the altar with the Cardinals, Bishops, Lords and Commons behind him.

In 1446 King Henry VI obtained parliamentary ratification of the many grants of land he had made to King’s College of the Blessed Virgin Mary at Eton by a Consolidation Charter. The illumination of its opening letters, shown above, is a beautiful example of English 15th century art. In it the King kneels to offer his charter on the altar with the Cardinals, Bishops, Lords and Commons behind him.

Feudal land tenure is the system by which land was held by tenants from their lords. Tenures were divided into free and unfree. Of the free tenures, the first was tenure in chivalry. The second form of free tenure was the spiritual tenure of bishops or monasteries. Their sole obligation was to pray for the souls of the granter and his heirs. In contrast to the free tenants, who’s services were always predetermined, the unfree tenure they were not. The unfree tenant never knew what he might be called to do for his lord. This uncertainty was later limited in a way that the tenant could not be ejected in breach of existing customs of the manor. The land was thus held according to the custom of the manor (written evidence from Dr Paul Stafford, Submission to the Justice Select Committee Inquiry into Manorial Rights). Court Rolls of the manor came to record the title of the tenants of the manor to their properties and the tenants were given a copy of the entry recording their title. A tenant who held land in this way was known as a copyholder (House of Commons Justice Committee, 2015).

The fundamental characteristic of the manorial system was economic. The peasants held land from the lord (French: seigneur) of an estate in return for fixed dues in kind, money, and services. An interesting question is that of the origin of the manorial organization; Roman or German origin. This question cannot be answered decisively because there is not sufficient evidence. Romanists state that during the decline of the Roman Empire, independent estates emerged. Germanists point to the likenesses of the manor to what can be seen as the ancient German system of landholding. It is now generally accepted that both German and Roman influences contributed to the development of the manorial system.

Manors were also judicial and administrative units with their own manorial courts, where lords were responsible for jurisprudence. Historically, landowners with significant holdings often retained ownership of any mines or minerals on the land even when it was sold on. In such cases they would own the land beneath the surface (known as ‘mines and minerals’) while another owner exercised the rights of the surface land. Landowners may also have specific rights relating to the surface of the land, for example, the rights to hunt, shoot or fish (written evidence from Christopher Jessel, author of “The Law of the Manor”, Submission to the Justice Select Committee Inquiry into Manorial Rights).

The manorial system was slowly replaced by money-based economies and other agricultural agreements. During the Tudor period many of the civil functions of the manor were removed. It led to a decline of the manorial system. Feudal tenures were formally abolished in 1660. In England, this led to the establishment of absolute property rights for big landowners, and to vociferous demands by Levellers (a political movement during the English Civil War; 1642–1651) and other radicals that copyholders — the majority of the peasantry — should receive equal security for their tenure. 

 

During the nineteenth century the holding of manor courts gradually came to an end, and in 1925 copyhold tenure formally ended in accordance with the Law of Property Acts, 1922 and 1924. Since then the holder was personally free and paid rent in lieu of services. The Manorial Documents Register was established in 1926 to record the location of documents and ensure that they could be traced if they were required for legal purposes. Some manorial courts continued to meet in the 20th century and technically courts can still meet, although they would have no real business to transact. Before the Land Registration Act 2002 it was possible for manors to be registered with HM Land Registry. Manorial incidents (the rights that a lord of the manor may exercise over other people’s land) lapsed on 12 October 2013 if they were not registered by then with HM Land Registry. Distinctive feudal remnants remain in the Isle of Man and in the Channel Islands (three distinct systems for Jersey, Guernsey and Alderney). The island of Sark was a remaining example of a feudal fief. Sark gave up being a feudal fife several years ago under EU pressure. Male primogeniture never applied to manorial or seignuer titles, as Sark has had a female Seignuer in its past. (see: Christine Alice Corcos, From Agnatic Succession to Absolute Primogeniture: The Shift to Equal Rights of Succession to Thrones and Titles in the Modern European Constitutional Monarchy, 2012 Mich. St. L. Rev. 1587, 2014).

Characteristics of Manorial Rights

Manorial rights are part of English property law (the law of acquisition, sharing and protection of valuable assets in England and Wales). As such they can be bought and sold as objects. Manorial Lordships can thus be transferred, conveyed or sold to other people. The lordship of the manor is simply the title by which the lord of the manor is known. In many cases the title may no longer have any land or rights attached to it. Because of its origin and lack of physical substance, it is known as an ‘incorporeal hereditament’. Incorporeal hereditament means ‘an interest having no physical existence’ (see: Walker vs Burton 2012, sub 47; UK Government, Practice guide 22, manors).

The brother of the late Princess Diana , Charles, Ninth Earl Spencer offered one of his many titles - that of Lord of Wimbledon - for sale at a public auction on June 26, 1996 as advertised in Financial Times on May 27, 1996:

The brother of the late Princess Diana , Charles, Ninth Earl Spencer offered one of his many titles – that of Lord of Wimbledon – for sale at a public auction on June 26, 1996 as advertised in Financial Times on May 27, 1996:

The Land Registry describes manorial rights as rights which were retained by lords of the manor when land became freehold. They can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. Manorial rights are “overriding rights” which may affect a property even if they had not previously been protected in the register maintained by the Land Registry.

Following the enactment of the 2002 Land Registration Act, which required manorial rights to be registered before 13 October 2013 if they were to be retained, more than 90,000 applications to enter a notice claiming manorial rights on properties in England and Wales had been made to the Land Registry prior to the deadline.

Lord of the Manor

Whoever owns the lordship of the manor is entitled to refer to themselves as lord of that manor, for example, Lord of the manor of Keswick (source: UK Government, Practice guide 22, manors). The right to use the term “Lord of the Manor of Keswick” should, in my opinion,  be seen as a legal custom right (to seek recognition that one is the owner of a specific manorial right) as it meets certain basic requirements in this respect (see e.g.: customary Law in Modern England, W. Jethro Brown, Columbia Law Review Vol. 5, No. 8 (Dec., 1905), pp. 571). The term can be seen as a synonym for ownership with a historical background. The term should not be seen as a titular dignity, but rather as a factual appellation, which – within the feudal social system – was used to describe the relationship between the Lord of the Manor in relation to his own tenants.

The vast majority of lordships belong to an individual or a trustee. A lordship might be held in a limited company, or a ‘corporation sole,’ such as the Lord Mayor and Corporation of the City of London, who are Lords of the King’s Manor, Southwark (source: Manorial Society of Great Britain, Advice on buying a manorial title).

Manorial lord and nobility

It is generally assumed that manorial titles are not titles of nobility. I tend to a more balanced view. In his book, The Constitutional History of England (Cambridge University Press, 1909 [1st Pub. 1908]), Professor F.W. Mailland notes:

Dark as is the early history of the manor, we can see that before the Conquest England is covered by what in all substantial points are manors, though the term manor is brought hither by the Normans. Furthermore, in the interests of peace and justice, the state insists that every landless man shall have a lord, who will produce him in court in case he be accused. Slowly the relation of man and lord extends itself, and everywhere it is connected with land. The king’s thanes then are coming to be the king’s military tenants in chief.

This description characterizes nobility. Shortly after the battle of Hastings in 1066, the invading Normans and their descendants replaced the Anglo-Saxons as the ruling class of England. William the Conqueror divided the land into manors which he gave to his Norman barons. The nobility of England were part of a single Norman culture and many had lands on both sides of the channel. Early Norman kings of England, as Dukes of Normandy, owed homage to the King of France for their land on the continent. The Norman barons were summoned by the king from time to time to a Royal Council where they would advise him. By the mid 13th century, these meetings would form the basis for the House of Lords (professor Marjorie Chibnall, The Normans).

Originally, only a noble could hold a manor (professor Marjorie Chibnall, The Normans).  Later, commoners could also own a manor. The current manorial lords may well be seen as a relic of the ancient Norman noble class.

Conclusions

It is essential to buy a manorial lordship from the legal owner. With Lordships, title is generally traced back 50 years or more (source: Manorial Society of Great Britain, Advice on buying a manorial title). Proof of ownership is sometimes found in family or estate documents like assents, probates, wills, mortgages and settlements. Statutory declarations (a written statement of fact that is signed in the presence of a solicitor) are another common way to prove legal ownership. In my opinion it is not correct to say that when a statutory declaration is used in combination with persuasive exhibits from secondary sources, the use of such a statutory declaration is rebutting evidence of the legal ownership of the manorial lordship. When ownership is disputed however, the presence of all deeds, correctly made up since 1189 is required. The absence of correct and complete sets of deeds requires Court approval to confirm ownership (Burton v Walker).

I therefore recommend to obtain a manorial title from a reputable company and consult a lawyer in advance.

Sources

  • Property Law Journal: 24 January 2011. Paul Stafford explains why those who hold a manorial title, or those who challenge it, must examine the foundations on which the particular title stands.
  • P. G. Vinogradoff, Villainage in England (1892, repr. 1968) and The Growth of the Manor (3d ed. 1920, repr. 1968)
  • N. S. B. Gras and E. C. Gras, The Economic and Social History of an English Village (1930, repr. 1969)
  • H. S. Bennett, Life on the English Manor (1937, repr. 1960)
  • M. Bloch, French Rural History (tr. 1966)
  • J. W. Thompson, Economic and Social History of the Middle Ages (2 vol., new ed. 1959) and Economic and Social History of Europe in the Later Middle Ages (new ed. 1960).
  • Britanica.com

Further reading

Links

Jurisprudence

  • A spectacular example of a dispute over manorial rights comes from the recent and widely reported case of Burton v Walker. There are four decisions in Burton v Walker: the preliminary issue and substantive hearings before Adjudicators to the Land Registry; an appeal to the Chancery Division and a second appeal to the Court of Appeal. The references are REF 2007/1124 (Mr Edward Cousins, 14 May 2009); REF 2007/1124 (Mr Simon Brilliant, 10 Dec 2010); [2012] EWHC 978 (Ch), [2012] All ER (D) 131 (Mr Jeremy Cousins QC); and EWCA [2013] Civ 1228 (Mummery LJ giving the only substantive judgement).
  • Baxendale v Instow Parish Council (1982) Ch 14
  • Crown Estate Commissioners v Roberts (2008) EWHC 1302. The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
  • Delacherois v Delacherois (1864) 11 HLC 62
  • Corpus Christi College Oxford -v- Gloucestershire County Council CA ([1983] QB 360)
  • Doe d Clayton Bart. v Williams (1843) 11 M&W 803
  • Re Holliday (1922) 2 Ch 698
  • Merttens v Hill (1901) 1 Ch 842
  • Morris v Smith and Paget (1585) Cro. Eliz. 38
  • Rooke v Lord Kensington (1856) 2 K & J 753
  • Simpson v Attorney General (1904) AC 476

Line of succession to the former throne of Germany

Heraldic Ring of Kaiser Wilhelm II with Royal Crown, Coat of Arms of Hohenzollern and The Prussian Order of The Black Eagle

Heraldic Ring of Kaiser Wilhelm II with Royal Crown, Coat of Arms of Hohenzollern and The Prussian Order of The Black Eagle.

Introduction

The claims to the (combined) thrones of Kingdom of Prussia and the German Empire are related to the Constitution of the German Empire (Verfassung des Deutschen Reiches) of 1871.  According to this constitution, the empire was a federally organised national state of 25 German states. The office of Bundespräsidium was held by the King of Prussia, who had the title of German Emperor.

The Wikipedia article about the line of succession of the former German throne reads:

The German Empire and Kingdom of Prussia were abolished in 1918. The current head of the former ruling House of Hohenzollern is Georg Friedrich, Prince of Prussia. The Law of Succession used is Agnatic Primogeniture.

The Telegraph of 26 December 2001  reads:

THE man (Prince Georg Friedrich of Prussia) who has just won a legal victory to declare himself the head of Germany’s last ruling royal family says he is perfectly happy with life as a citizen of a republic.

Did the courts really rule in favour of Prince Georg Friedrich of Prussia as being head of Germany’s last ruling family?

German law of succession to the throne

Wilhelm of Prussia, ex-crown prince, with the participation of former emperor Wilhelm II, named his second son – Louis-Ferdinand prince of Prussia (d. 1994) – as first heir (Vorerb).  After his death his eldest son (unborn in 1938) was to be the next heir (Nacherb), or, should that son not survive Louis Ferdinand, in his stead his eldest male offspring; in the absence of male issue his eldest brother (or in his stead his sons).  The contract, however, made one exception to the rule on the succession of the next heir: any son or grandson of Louis-Ferdinand was ineligible to inherit if he were not the issue of a marriage made in accordance with the house laws of the house of Brandenburg-Prussia, or if he was in a marriage not in accordance with said laws (so called ineligibility clause).

Legal disputes

This clause led to several legal disputes.

Crown of William II, Hohenzollern Castle Collection (photo Wiki Commons)

Crown of William II, Hohenzollern Castle Collection (photo Wiki Commons)

The legal question, which was a question of civil or private law, was whether the designation was valid, and the exclusion of unequally-married or -born offspring was valid. The matter decided was not “headship of the house” but inheritance of a certain estate; indeed, the phrase “head of  house” or some equivalent has not been decided.  The issue was a contract which set up a specific rule of transmission.  The court decided that the clause which Wilhelm had created in his testament was valid, because of the right to dispose of one’s estate. If Wilhelm had decided to impose a religious requirement, or a height requirement, or to leave his estate to his his dog, the court might well have upheld it as well, because of the right to dispose of one’s estate without infringement of the personal rights of one’s offspring (see the important article of F. Velde, The Hohenzollern Succession Dispute, 1994-present).

The succession rules regarding the throne of Germany have ceased to exist when the Constitution of the German Reich (Die Verfassung des Deutschen Reiches), usually known as the Weimar Constitution (Weimarer Verfassung) came into effect. The constitution declared Germany to be a democratic parliamentary republic with a legislature elected under proportional representation and thus abolished the German empire. Therefore, the courts of the German Federal Republic have no jurisdiction regarding the headship of the House of Hohenzollern. In the mentioned cases, the courts therefore never ruled regarding the headship. The media have not quite understood the rulings.

Conclusions

Louis Ferdinand, Prince of Prussia was the third in succession to the throne of the German Empire, after his father, German Crown Prince William and elder brother Prince Wilhelm of Prussia. The monarchy was abolished in 1918. When Louis Ferdinand’s older brother Prince Wilhelm renounced his succession rights to marry a non-royal from the lesser nobility in 1933, Louis Ferdinand took his place as the second in the line of succession to the German throne after the Crown Prince. Louis Ferdinand married the Grand Duchess Kira Kirillovna of Russia in 1938. The couple had four sons and three daughter. Their sons are listed below:

1. Prince Friedrich Wilhelm of Prussia (9 February 1939 – 29 September 2015). Sons:

  • (a) Philip Kirill Prinz von Preußen (born 23 April 1968).
  • (b) Friedrich Wilhelm Ludwig Ferdinand Kirill (born 16 August 1979).
  • (c) Joachim Albrecht Bernhard Christian Ernst (born 26 June 1984).

2. Prince Michael of Prussia (22 March 1940 – 3 April 2014).

3. Prince Louis Ferdinand of Prussia (25 August 1944 – 11 July 1977). Son:

  • (a) Georg Friedrich, Prince of Prussia (born 10 June 1976 Bremen).

4. Prince Christian-Sigismund of Prussia (born 14 March 1946). Son:

  • (a) Prince Christian Ludwig Michael Friedrich Ferdinand of Prussia (born 16 May 1986).

Louis Ferdinand’s two eldest sons (1) and (2) both renounced their succession rights in order to marry commoners. His third son, and heir-apparent, Prince Louis Ferdinand died in 1977 during military manoeuvrers. It is generally accepted that his one-year-old grandson Georg Friedrich, Prince of Prussia (3a, son of Prince Louis Ferdinand) became the new heir-apparent to the Prussian and German Imperial throne. According to these lines, Georg Friedrich became the pretender to the thrones and Head of the Hohenzollern family upon Louis Ferdinand’s death in 1994.

Traditionally the Agnatic Primogeniture rules have been used to determine the succession of headship of the House of Hohenzollern. These rules do not have any legal binding since 1919. A “headship of the House of Hohenzollern” does not exist under German law. Renouncing the headship of a family or the claim to a non-existing entity (throne), therefore does not have any legal effect in Germany. The only legal fact that German law can determine is the fact that Philip Kirill Prinz von Preußen (1a) is the oldest living relative of the last German emperor. If the head of the House Hohenzollern is defined as the last living male relative according to German law, then Philip Kirill (1a) is head of the House Hohenzollern. If the head of the House Hohenzollern is defined as the man who is selected by some members of the family (holding a certain authority), then Georg Friedrich (3a) is head of the House. The choice of definition is a personal one, not a legal or historical one. Head of the House cannot mean a person who inherits or has a right of inheritance in the property of a family member following the latter’s death, since this can be anyone.

Lines of succession: the case of Faustin Soulouque, emperor of Haiti

soulouque-adelina2

Adélina Soulouque (b. c. 1795-after 1859), née Lévêque, was Empress Consort of Haiti from 1849 until 1859, as wife of Faustin I of Haiti.

The order or line of succession is the sequence of members of a royal family in the order in which they stand in line to the throne. The basis for the succession is often determined in the nation’s constitution. As a matter of personal interest, I have examined the line of succesion of the emperors of Haiti, starting with Faustin I.

Legal basis of the succession

The legal basis for the line of succession at the time that it was in force, was the Constitution of 20 September 1849.

The Constitution made the Imperial Dignity hereditary amongst the natural and legitimate direct descendants of Emperor Faustin I, by order of primogeniture and to the perpetual exclusion of females and their descendants. The Emperor could adopt the children or grandchildren of his brothers, and become members of his family from the date of adoption. Sons so adopted enjoyed the right of succession to the throne, immediately after the Emperor’s natural and legitimate sons (Les constitutions dHaiti, 1801-1885).
Art. 108. — La dignité impériale est héréditaire dans la descendance directe, naturelle et légitime, de Faustin Soulouque, de mâle en mâle, par ordre de progéniture, et à l’exclusion perpétuelle des femmes et de leur descendance.
Art, 109. — La personne de l’Empereur est inviolable et sacrée.
Art. 110. — L’Empereur Faustin Soulouque est proclamé sous le nom de Faustin 1er.
Art. 112. — L’Empereur pourra nommer son successeur, s’il n’a point d’héritier mâle et s’il n’a point de fils adoptif. Cette nomination devra être secrète et enfermée dans une cassette déposée au palais impérial de la capitale.
(…)
Art. 115.— A défaut d’adoption et de nomination par l’empereur, le grand conseil de l’Empire nomme son successeur. Jusqu’au moment où l’élection du nouvel empereur est consommée, le grand conseil exerce le pouvoir exécutif.
Art. 134. — Les princes et les princesses de la famille impériale ne peuvent se marier sans l’autorisation de l’Empereur.
Art. 135. — Les enfants mâles deviennent membres à vie du Sénat lorsqu’ils ont atteint l’âge de 18 ans.
Art. 145. — Il est institué un grand conseil de l’Empire, composé de neuf grands dignitaires choisis par l’Empereur. L’Empereur préside le grand conseil ou en délègue le pouvoir à un de ses membres.
Art. 146. — Les attributions du grand conseil sont :
1° D’exercer l’autorité exécutive dans le cas où il y aurait empêchement pour l’Empereur de l’exercer lui-même;
2° De nommer le successeur de l’Empereur et d’exercer le pouvoir exécutif dans les cas prévus par l’article 115;
3° D’élire le régent dans le cas de l’article 141 ;
4° D’être le conseil de la régence ;
5° De procéder à l’ouverture de la cassette qui renfermera le nom du successeur de l’Empereur, conformément à l’article 112.
tHoDOwZ

Sword with Scabbard of Faustin I (1782–1867), Emperor of Haiti. Inscription: Inscribed on the guard beneath the crowned coat of arms of Haiti: DIEU MA PATRIE ET MON EPEE LIBERTE INDEPENDENCE; on the obverse of the blade: HOMMAGE DU G•O•D’ HAITI; on the reverse of the blade: A L.’ ILL. FAUSTIN SOULOUQUE EMPEREUR D’ HAITI (The Metropolitan Museum of Art)

Genealogy

In order to see how the line of succession has developed, I have tried to make a fragment of the genealogy of the imperial family.

I. Marie-Catherine Soulouque. b. at Port-au-Prince, Saint-Domingue, 1744. A slave of the Mandingo race. She d. at Port-au-Prince, 9 August 1819.

IIa. H.I.M. Faustin-Élie Soulouque (Faustin I), by the grace of God , and the Constitution of the Empire, Emperor of Haiti. b. at Petit-Goâve, 1782. Freed by Felicite Sonthonax 29 August 1793. Fought in the War of independence as a private soldier 1803-1804, Cmsnd. as Lieut. and ADC to General Lamarre 1806, Lieut. Horse Guards under Presdt. Petion 1810, prom. Capt., prom. Maj. under Presdt. Rivière-Hérard, prom. Col. under Presdt. Guerier 1843, prom. Brig-Gen. and later Lt-Gen. and supreme commander of the guards under Presdt. Riche. Became President of the Republic of Haiti (*1) and took the oath of office 2 March 1847.

Crown Soulouque

Crown of Faustin-Élie Soulouque, decorated with emeralds, diamands, garnets, and other jewels. It had been exhibited in the Musée du Panthéon National Haïtien (MUPANAH)

Proclaimed as Emperor Faustin I, by the Senate and the Chamber of Deputies, and assumed the style of His Imperial Majesty, 26 August 1849. Crowned at Port-au-Prince, by the Abbe Cessens according to Episcopalian (Franc-Catholique) rites, 18 April 1852. Attempted to conquer, but failed to take, Santo Domingo in 1856. Founded the Military Order of St Faustin and the Civil Haitian Order of the Legion of Honour, 21st September 1849. Also founded the Orders of St Mary Magdalen and St Anne, 31 March 1856. Deposed 15 January 1859.

Founded the Imperial Academy of Arts in 1856. Fled to the French legation, seeking asylum, but was later taken into exile in Jamaica, aboard a British warship 22 January 1859 (1). Married at Port-au-Prince, December 1849, H.I.M. Empress Adélina (b. ca. 1795), raised to the title of Empress of Haiti with the style of Her Imperial Majesty 26th August 1849, Crowned with her husband at Port-au-Prince 18th April 1852, daughter of Marie Michel Lévêque. After the death of her husband, Adélina fled to the Dominican Republic and then went to Spain, where she was received by the King of Spain himself. She remained at the Royal Palace of Spain in Madrid from 1868 to 1874.

Adélina then left for France and remained there from 1875 to 1877. She ended her days in Rome, Italy in 1879, until her death at the age of about 84 years. She was buried first in Rome near the Vatican and then in Haiti near her husband in 1907, 28 years after his death (*2).

Daughter:
1) H.I.H. Princess Célita Soulouque, m. Jean-Philippe Lubin, Count of Petionville, who was very rich. Together they had four children: three daughters and a son who died at birth.
Adopted daughter:
2) H.S.H. Princess Geneviève Olive [Madame]. b. 1842 (quinze à seize ans in September 1858), d. 1936. Adopted by Emperor Faustin, raised to the title of Princess and granted the style of Her Serene Highness 1850. m. Amitié Lubin (b. ca. 1800), son of Jean Philippe Vil Lubin, Count de Pétion-Ville, by his wife, Elizabeth Ulcénie, née Amitié (*3). Princess Olive travelled around the world: France (1893-1894); Portugal (1894-1899) with her daughter Marie; Canada 1901; America (Philadelphia) (1902-1913); Dominican Republic (1913-1914); France (1914-1918); Dominican Republic (1918-1923); Thailand (1923-1927) as a guest of a friend of the Royal Family; Australia (1927-1929); Haiti 1929-1936) (*4) [Oliva Soulouque, Biografia].

Prince Mainville Joseph and Prince Jean Joseph Soulouque

Prince Mainville Joseph and Prince Jean Joseph Soulouque

IIb. (Prince) Jean-Joseph Soulouque. He d. after 1850, having had issue, eleven sons and daughters, including:
1. H.I.M. (Prince) Mainville-Joseph Soulouque, pretender under the name Joseph I, m. 1854 with Princess Olive (IIa,2). He did participate in some attempts to restore the monarchy in Haiti, without success and d. in 1891. Children:

a. “S.A.S. la princesse” Maria Soulouque, d. Portugal 1899.
b. H.I.M. (Prince) Joseph Soulouque, “prince impérial”, pretender to the throne as Joseph II, left for France with his mother in 1914, fought for the Allies in WWI, returned to the Dominican Republic in 1918 and lived there until his death on 18 June 1922. In 1930 Princess Geneviève Olive received a letter from the new pretender to the throne, her great grandson of 31 years told her that his wife was pregnant. Their names are unknown to me.
c. “S.A.S. le prince” Faustin-Joseph Soulouque, lived in the United States (Philadelphia) until his death in 1913.
d. Marie Adelina Soulouque, daughter of Mainville-Joseph Soulouque with Marie d’Albert. Daughter: Marie Adelina Soulouque, who married Johan Carl Sictus Weijgel Quast (*1, *5), pharmacist [Santa Domingo].

Son?

De Curaçaosche courant 24-07-1852 delpher.nl

De Curaçaosche Courant 24-07-1852 delpher.nl

H.I.H. Princess Célita Soulouque is said to have been the only daughter of Faustin. It has been reported in the Curacaosche Courant of 24 July 1852 that Faustin made preparations for his son “Bobo” to marry the actress Lola Montez. In 1846, the actress arrived in Munich, where she was discovered by and became the mistress of, Ludwig I of Bavaria. Ludwig made her Countess of Landsfeld on his birthday, 25 August 1847. Along with her title, he granted her a large annuity. In 1848 Ludwig abdicated, and Montez fled Bavaria, her career as a power behind the throne at an end. From 1851 to 1853, Lola Montez performed as a dancer and actress in the eastern United States, one of her offerings being a play called Lola Montez in Bavaria.

Interesting comments by mr Christopher Buyers (FB 27 January 2016):

Bobo was actually an escaped galley-slave who had been “candidate” for president several times, but was persuaded to join Soulouque’s cause. After the latter became Emperor, Bobo was ennobled and created a Prince. In April 1851, while serving as Governor and C-in-C of the Northern Province, he was suspected of rebellion and summoned to court. Fearing a certain death, he fled. Later captured and executed along with some other generals the following year. He is mentioned by Helen O’Donnell Holdredge in her biography “The Woman in Black: The Life of Lola Montez”, Putnam, 1955. There, he is described on p 141 as Grand Chamberlain to Faustin I, sent by him to persuade Lola Montez to visit his court in Haiti. Prince Bobo had a son named Alexandre, who was in turn the father of Dr Pierre François Joseph Benoit Bobo aka “Rosalvo”, who was a leading politician, Secretary of State for the Interior, and leader of the revolution which toppled President Sam II in 1915, prompting the US to intervene and occupy Haiti to prevent him becoming president.

Sources

(*1) Website of Chistopher Buyers

(*2) ayudamosconocer.com

(*3) Roman Catholic Church Kingston (Jamaica) Marriages 1839-1869. Act of marriage: Pierre Joseph Amitie Vil Lubin, native of Haiti, lawful son of His Lordship Earl Philippe Vil Lubin and by his wife, Elizabeth Ulcénie. Lord Amitie Vil Lubin, maried on 26 December 1861 HSH Princess Geneviève Olive Soulouque, native of Haiti, lawful daughter of Emperor Faustin Elie Soulouque and Empress Adélina Lévêque. Witnesses: Alexandre Bravo, Charles Grant, widow Lubin, Amitie Lubin, widow of Louis Lubin, Elizabeth Grant, James Male, Jean Baptiste Vil Lubin, George Clermont, A.M. Lhoste, Felicite Faustin, Ameisima Amitie, Elina Mainvaille, L. Bedonet, Elizabeth Bourke, Caroline Crosswell. Source: website of Thierry Jean-Baptiste Soulouque Vil Lubin.

(*4) ayudamosconocer.com

(*5) The Church of Jesus Christ of Latter-day Saints, “Pedigree Resource File,” database, FamilySearch (https://familysearch.org/ark:/61903/2:2:9HXC-TTG : accessed 2015-11-14), submitted by rcsimon2749685.

Literature

  • Alaux. Soulouque and His Empire: From the French of Gustave d’Alaux. 1861. Reprint. London: Forgotten Books, 2013. Print.      
  • Facebook Almanach Royal d’Hayti
  • Constitutions of the World from the late 18th Century to the Middle of the 19th Century, The Americas. Multi-volumed work Constitutions of the World from the late 18th Century to the Middle of the 19th Century Sources on the Rise of Modern Constitutionalism / Quellen zur Herausbildung des modernen Konstitutionalismus.  Ed. by Dippel, Horst The Americas Vol. 10 Constitutional Documents of Haiti 1790–1860 / Documents constitutionnels d’Haïti 1790-1860 / Verfassungsdokumente Haitis 1790-1860  Ed. by Dubois, Laurent / Gaffield, Julia / Acacia, Michel
  • Hartog, [dr.] Johan Curaçao; From Colonial dependence to autonomy. Oranjestad, Aruba: De Wit publishers 1968 (Faustin’s exile on the island of Curaçao)

Discovery (1)

Proof that Soulouque was a free masonI recently discovered that Faustin I was a member of a Masonic lodge in France. This was in tradition with other Haitian leaders. In 1743, after the death of Louis de Pardaillan de Gondrin , duke of Antin, Louis de Bourbon-Condé (1709-1771), count of Clermont, prince of the blood and future member of the Académie française, succeeded him as “Grand Master of all regular lodges in France”. He remained in office until his death in 1771. Around 1744 there were around 20 lodges in Paris and 20 in the provinces. Lodges in the provinces were most often founded by Masons out of Paris on business or via the intermediary of military lodges in regiments passing through a region – where a regiment with a military lodge left its winter quarters, it was common for it to leave behind the embryo of a new civil lodge there. The many expressions of military origin still used in Masonic banquets of today date to this time, such as the famous “canon” (cannon, meaning a glass) or “poudre forte” (strong gunpowder, meaning the wine). 

Discovery (2)

Imperial and Military Order of St Faustin

Imperial and Military Order of St Faustin

In France, only decorations recognised by the Chancery of the Legion of Honour may be worn publicly, and permission must be sought and granted to wear any foreign awards or decorations. Failure to comply is punishable by law. A non-exhaustive list of collectively authorised orders is published by the French government. According to a report in Chambers’s Journal of Popular Literature, Science, and Art, XI, jan-jun-1859, pp. 150-152), the Order of Saint Faustin seems to have been recognized by the Legion of Honour. Further research is being conducted.