10 July 2011

A work of art is not a work of art


SEL531
Source: ERR Project via Bundesarchiv
On 30 May 1947, the French “Commission de récupération artistique” (CRA) handed over 29 works and objects of art to the “Office des Biens et Intérêts Privés” (OBIP) because it ruled that they could not be considered as being part of the “Patrimoine National.” The CRA’s decision was founded on a definition of what constitutes a “work of art” determined at a 2 November 1945 session of the CRA. In other words, the CRA came up with its own definition of what a “work of art” is …. or is not.

The “Patrimoine National” is literally the “national heritage,” a fluid concept applied to any item that is deemed to be incorporated into the heritage of a nation. Although this is not the time to engage in a full-scaled discussion of what is worthy of being considered as part of the national heritage, suffice it to say that the definition is highly malleable and subject to the fleeting whims of governments. However, once an object enters the “patrimoine national,” it is unlikely that it leaves it…ever. If the item turns out to have been looted during a military conflict or, worse, an act of genocide, regardless, restitution is nigh impossible because the “patrimoine national” trumps the rights of individuals if they seek restitution of items that have become part of the heritage of a nation.

None of the items could be officially linked to a particular owner as they were labeled by the Germans as MA-B (Möbel-Aktion Bilder) or Unb (Unbekannt)… except for one.

Slight oversight on the part of the French government or just plain sloppiness?

The item in question was labeled “KS 538 – 6432.” It was described as a cartel signed by the French painter Prud’hon and entitled “Femme au bain.”

KS 538-6432
Source: MCCP Database via Bundesarchiv
The number 6432 refers to a number assigned by US authorities at the Munich Central Collecting Point (MCCP). The MCCP card for item 6432 identified the painting by Prud’hon as a “bathing nymph”. There was another number assigned to the painting: SEL 531

SEL 531
Source: ERR Project via NARA
SEL is an acronym assigned by the Einsatzstab Reichsleiter Rosenberg (ERR) in Paris for any item looted from the Seligmann family. Therefore, the allegedly ownerless Prud’hon painting belonged to Seligmann whose antiques business at the Place Vendôme in Paris was thoroughly looted beginning in early July 1940.  The painting was restituted to the Jacques Seligmann Company on 15 January 1948 and its legal representative, René Fulda.

Let’s go back to the initial sentence which indicates that the CRA did not consider the painting to be part of the “Patrimoine National.” What would have happened if the CRA had ruled the Seligmann painting as belonging to the “Patrimoine national”? It would have been incorporated into a French museum collection. What about the rights of the Seligmann family to recover this work of art even if the CRA considered it to be part of the “Patrimoine National”? One has to wonder if the CRA even bothered to notify families whose works were deemed to be worthy of inclusion in the “Patrimoine National”?

More importantly, how does a French government agency decide whether or not a work of art is a work of art?

08 July 2011

The Appropriate Place For All That Stuff

by Ori Z. Soltes

It is certainly true of much of the material culture of European Jewry that its pre-Holocaust dwelling places may no longer be appropriate to it. After all, with the profound decimation of that population, hundreds and hundreds of communities that once included small or large Jewish populations have been completely Judenrein for the past eight decades. There is, at first glance, then, little logic to returning, say, Judaica that derived from the Danzig Jewish community to Danzig (aka Gdańsk) when there is no Jewish community to make use of it or to bask in its artistic glow.

Moreover there are those who argue that the point of possessing objects whose former owners—individuals or communities—did not survive is to display them in order to assure that such individuals and communities not be forgotten but be remembered through the survival of their objects; or better still, where Judaica in particular is concerned, to use them, thus symbolizing with actions and not merely written or spoken words the continuity of Jewish life—as a kind of transcendence of the mortality to which such individuals or communities were too quickly subject. Thus every vibrant Jewish American community in whose synagogue there rests a Torah scroll rescued from the Holocaust becomes a link in a chain of continuity.

Where the state of Israel is concerned, the polity itself was founded and formed as the ultimate exemplum of Jewish continuity: marked by a return to the Land after an enforced absence of nineteen centuries, rebuilding it as that process rebuilt (and continues to re build) countless Jewish lives truncated by events ranging from the destruction effected by the Holocaust to the varied modes of oppression practiced by regimes in places like Libya, or Ethiopia, or the former Soviet Union.

As in so many areas of Israeli exceptionalism within the contemporary Jewish world, there are those who would argue that works of Jewish art and Judaica without an unequivocal tie to a current individual or community—and even in some cases, where the tie is present—should reside in Israel, as part of its role as consummate bearer of the Jewish torch. That argument would regard Israel as the most appropriate place for any Pissarro that comes to light, or for paintings discovered behind a layer of pink wall-paint in a pantry in Ukrainian (formerly Polish) Drogobych by Bruno Schultz, a Holocaust victim best known for his writings.

Several issues intersect each other in this discussion, of course. As a practical matter, a greater complication attends ceremonial objects, as opposed to signed paintings or drawings and sculptures, with respect to restituting them to their original owners or their heirs or the communities from which they exited under such unhappy circumstances. For so many such objects resemble each other and, unsigned and unmarked, would with difficulty be recognizable as coming from particular places, unless someone from those places who survived and was intimate enough with them came forth to make the identification.

Most often those unhappy circumstances were brutal and haphazard. Occasionally, a community like that of Danzig saw the writing on the world and sent its ritual objects forth—a kind of ceremonial objects Kindertransport process—hoping to reclaim them when the horror had ended. But by then there was no community to do the reclamation and the objects were happily ensconced in primarily British and American collections—in museums as much as or more than synagogues. Poorly detailed acquisition records in these collections and limited identification marks would make it problematic for such objects ever to find their way back to the home which is no longer a home.

But—well when I used to direct the B’nai B’rith Klutznick Museum over a decade ago, I became acutely conscious of the conundrum I would face were someone to walk in one day and say—referring to a splendid pair of Shabbat candlesticks from Danzig dating, perhaps, from 1685 and inscribed with the name of the family that commissioned them—“that’s my family; we were from the destroyed Danzig Jewish community. I’d like to have them back within my, family…” How could I verify that s/he was who s/he claimed to be?

How would my responsibility, as someone who believes in restitution of Nazi-plundered art to those from whose families it was taken, play out a against my responsibility as the keeper of a kind of public trust—which public trust, as I interpret it, is to tell the story, again and again, of those candlesticks in terms of their style, the importance of the Hebrew inscription in confirming that they were Shabbat candlesticks and not merely mantel piece candlesticks, the story of the Danzig community and its fate?

What of more obscure ceremonial objects on the one hand, or more clearly identifiable works of art—signed drawings and paintings, say—on the other. Had I a Pissarro in my collections and the provenance path led to a given claimant, there is little doubt in my mind that my primary sense of obligation would be to return it, and allow that claimant to determine its private or public future.

My museum, if it were to effectively fulfill its obligation to teach about Jewish history and culture, Jewish legal and moral thought, could hardly claim to live up to that responsibility if it denied the right of an individual or family to regain a work that had once belonged to him/her or their family—even if that act might remove an important teaching instrument from the public eye.

This is a can of worms, isn’t it? Should the Schultz paintings have come to Israel, rather than remaining in the place where he was murdered? Would they serve a better educative purpose where more people would see them, in Jerusalem than in Ukraine? Would they serve a better educative purpose in Ukraine, where the Jewish vibrancy that once prevailed there died with individuals like Schultz, than in Israel, where Yad VaShem continues to astonish the museum world with innovative ideas and every year is marked by a Yom HaShoah commemoration?

I am not certain of the answers, but I am certain that we must continue to force institutions and even governments to continue to ask these questions and to be willing to consider answers that may not necessarily leave them in possession of works that have somehow arrived at their doors, as if the diaspora of these objects has inherently ended and as if, no questions asked, they have found their appropriate place as part of the process of Jewish preservation and continuity far from their original homes.

05 July 2011

Who Could Believe that It Was Happening, Even as It was Happening?

A commentary by Ori Z. Soltes, chair of the Holocaust Art Restitution Project (HARP)

Ori Z. Soltes
Source: The Great Courses
In the aftermath of the Holocaust, a peculiar sort of discussion emerged eventually that, in some corners, continues to this day. That discussion pertained to the idea that the victims of the Holocaust, primarily the Jews, went “like sheep to the slaughter,” instead of fighting back. Accusing the victim for being victimized has long been an instrument with which humans who were in a position to help the victim but did not, assuage their guilt for their own failure. Blaming those who were herded and branded and slaughtered like cattle for not responding to the program of Nazi deceptions until it was too late might assuage and has alleviated that guilt for many, as they sought a return to normal lives.

It is always easy to blame someone else, and in this case, the guilt has run particularly deep and wide—not just those Germans or Austrians or French who stood idly by or contributed actively to the slaughter, but the British and the Americans who famously refused to bomb the train tracks to the killing centers, and who kept their immigration quota doors closed tight or made the paths to Palestine all but impassable. For it was one thing to be fighting the Germans and their allies in World War II, and another altogether to be fighting the Nazis in the Holocaust.

The numbers of Jews who did fight back remained, for the most part, unheralded and forgotten until the last few decades. Inevitably, those who fought did so with very little in the way of armaments and with very little reliable support from—even, at times, finding themselves betrayed by—the various non-Jewish underground forces who were themselves fighting the Nazis. Conversely, the myriad times and places in which well-armed or at least militarily experienced forces failed to resist or, in captivity, to rise up against their captors has typically been ignored.

Moreover, as in any large lie there may be a smaller element of truth, it is true that many (perhaps most) Jews did not resist. A perfect storm combined the Nazi genius for willful deception—to simplify the process of extermination by encouraging their victims to believe that they were not on the verge of victimhood—together with the victims’ desire to believe, and therefore to be deceived, that this was a storm that, like so many others in Jewish history, would pass. Physical resistance, in any case, had not been the primary means for a fragmentary minority to survive over the centuries in the face of hostility from the majority population.

For German and Austrian Jews in particular, the sense of having arrived at a point of truly being part of that majority mainstream—socially, economically, culturally, even to some extent politically—militated against believing that what was happening was happening. In the discussion of this issue it has often been pointed out that the very fabric of the late nineteenth/early twentieth-century Austrian and German communities was so interwoven with Jewish threads that, had the Holocaust not followed, historians would be constantly waxing about the Golden Age for Jews in those countries in that era. The photograph of which Sigmund Freud—to name one Jewish luminary among many within the Viennese firmament—was proudest, showed him with his two sons, both of in Austro-Hungarian military uniform; they were among myriad Jews who served in the Hapsburg and Prussian armies between the end of the eighteenth century and the end of World War I.

On the other hand, the Golden Age was by no means free of anti-Semitism (in fact the very term was a coinage of that era, as the Prussian pamphleteer, Wilhelm Marr, was the first one to label the Jews “Semites” in 1878—but that’s another story for another day). But this is part of what made the Nazi era so inexplicable as it gradually unfurled its full fury against the Jews. Who could imagine that such a definitive exterminationist intention would be directed toward a population so integrated into that world?

Marc Masurovsky and I uncovered one of the most extraordinary proofs of this a few years back as we were systematically studying the property census forms that every family with even an oblique Jewish component or connection was required to fill out for the Nazis after Austria fell before—or rather, embraced—the Anschluss. Our interest was in the cultural and similar property that the Nazis confiscated based on these on-demand listings of everything from silverware, desk lamps and jewelry to paintings, drawings and sculpture.

But along the way, we noted three other, unexpected features. One was the prevalent tone assumed by a good number of those who filled out the forms: little jocular side notes, as if submitting a report to a long-time superior with whom one has a warm, friendly relationship—as opposed to filling out what would amount to one’s death warrant. A second was the fact that a number of these forms were filled out and sent in from places as far away as Ankara and even New York City. This might have been out of fear for family members still in Austria, but may well have been out of a Teutonic sense of duty: one is required by the authorities to fill out a form as a Jew, then as a Jew more Viennese than the Viennese, one fills out the form—because regardless of where one lives one remains emphatically a Viennese.

Most intriguing is the third feature: virtually every form indicated the possession of real estate—from the partial ownership of an apartment to that of multiple apartment buildings and factories. The fact is that one does not invest in real estate if one has the slightest inkling of needing to leave a place quickly—it is too difficult to liquidate with alacrity. All of these Jews who bought real estate to live in, work in or employ others in, had to have been powerfully certain that they were in Vienna (after more than eight hundred years) to stay. When the Anschluss arrived and, as often happened, their neighbors turned against them, they could neither understand nor believe what was happening; it would not have occurred to them to “fight back.” That once-golden world disappeared before their eyes, never to be restored.

Ori Z. Soltes

Interpreting a restituted Vuillard painting

Another reminder of how complex, inadequate, and frustrating art-historical and forensic research can be when one seeks to verify the antecedents of a looted painting.

In this case, a painting by Edouard Vuillard disappeared during the German occupation of Paris from the apartment of Gaston Hemmendinger who once lived at 138, rue de Courcelles, in Paris. Its title was: “Les Premiers Pas—Jardins du Luxembourg,” a vertical panel measuring 2,12 m x 0,84 m.

Hemmendinger had purchased the panel at the sale of Thadée Natanson’s collection on 16 May 1929 (Lot 119). While Natanson was a close friend of Vuillard who had commissioned him to produce a series of panels for his ample Parisian residence on avenue du Bois, Vuillard had eyes only for his wife, Misia. But that’s another story entirely…

The descriptive information about the painting comes from Hemmendinger’s postwar French restitution files. In that same file, there is a reference to a panel by Vuillard described as “Enfants jouant au Luxembourg” which was restituted to Hemmendinger on 21 January 1948 by French authorities. Already, there is a subtle disconnect between that title and the title of the panel which Hemmendinger declared in his inventory: “Les premiers pas…” or “First steps…”

MA-B 1224
Source: ERR Project via NARA
The painting that was restituted to Hemmendinger was labeled MA-B 1224, or stolen by the Einsatzstab Reichsleiter Rosenberg (ERR) in Paris during Möbel-Aktion. A check of the card typed by a staff member of the ERR at the Jeu de Paume where the painting by Vuillard was processed tells us that the card was typed at some point in January 1944 and was entitled “Junges Mädchen auf Parkweg mit Kind spielend. Im Hintergrund drei Frauen auf Bank vor Kastenienbaum.” In plain English, “Young girls in a park with a child playing. In the background, three women on a bench in front of a chestnut tree.”

According to the inventory drawn up by the ERR, the painting known as MA-B 1224 was brought into the Jeu de Paume at some point in November 1943 and was shipped out to an ERR depot in Nikolsburg, in Bohemia, on 21 December 1943. The dimensions of this painting are listed as 2,13 m x 0,61 m. As indicated above, the size of the painting differs from the size of the work mentioned in Hemmendinger’s inventory.

Are we doubting that Gaston Hemmendinger actually retrieved his Vuillard panel which he had acquired at the Natanson sale of 1929?

Let’s go now to the Musée d’Orsay in Paris which owns a series of four panels produced by Vuillard in 1894 for Natanson. There is an interesting paragraph which indicates that one of the paintings produced as part of the series is known as “Les Premiers Pas.” Its present whereabouts are unknown.

Two of the panels at the Musée d’Orsay (“Les nourrices” and “fillettes jouant”) match part of the description found on the January 1944 ERR card as well as the measurements in Hemmendinger’s inventory that he supplied to the French government as part of his restitution file.

We might never know what actually happened. The discrepancies between the Hemmendinger description, the description of MA-B 1224 and the indication on the Musée d’Orsay website that the present whereabouts of Hemmendinger’s Vuillard panel “Les premiers pas” remain “unknown” may hint at an erroneous restitution of a Vuillard panel to Gaston Hemmendinger.

Postscript:

Thanks to a devoted reader of the "plundered art" blog, we can answer the aforementioned question regarding a possible erroneous restitution.  The painting by Edouard Vuillard entitled "Les Premiers Pas..." which he painted in 1894 was in fact restituted to Gaston Hemmendinger.

This is what our reader told us:

Just read your post about Gaston Gemmendinger's (Hemmendinger's) distemper Les premiers pas. The whereabouts of the painting are actually pretty known... See the impressive Guy Cogeval catalogue for Vuillard's major retrospective which started at the Washington National Gallery in 2003 and then traveled to Montreal, Paris and London. I saw it at the last stop at the Royal Academy of Arts in 2004. The painting under discussion is published in Cogeval's catalogue as follows:
#116, p. 172, 177 (ill.)The Public Gardens: The First Steps Les jardins publics. Les 
premiers pas. 1894, distemper on canvas, 213.4 x 68.5Signed and dated l. r.: E. Vuillard 94United States, Tom James Company / Oxford Clothes 
Cogeval-SALOMON V. 39-7 
Provenance: Alexandre Natanson Sale, Hôtel Drouot, Paris, May 16, 1929, lot 119 (ill.) - M. Kleinmann, Paris - Gaston Gemmendinger, Paris - Seized by the Nazis during the Occupation; restitution - Private collection - Tom James Co./Oxxford Clothes, United States 
Exhibitions: Chicago - New York, 2001, no. 32, col. ill. p. 121 
Chicago, Art Institute, Beyond the Easel: Decorative Painting by Bonnard, Vuillard, Denis, and Roussel, 1890-1930, February 25-May 16; New York, Metropolitan Museum of Art, June 26 - September 9. 
Vuillard: The Inexhaustible Glance
Source: BookDepository.co.uk
The moral of this story is two-fold: 

The sources should always be questioned, even if they come from the revered Musée d’Orsay in Paris or from the French government's own postwar restitution records.