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Guelph Treasure

February 15, 2024

The Guelph Treasure (German: Welfenschatz) is a collection of medieval ecclesiastical art originally housed at Brunswick Cathedral in Braunschweig, Germany. The Treasure takes its name from the princely House of Guelph (German: Welf) of Brunswick-Lüneburg.

Cross from the Guelph Treasure (Bode Museum, Berlin)
Reliquary of the arm of Saint Blaise (Herzog Anton Ulrich Museum, Dankwarderode Castle)

In October 1929, the Treasure, consisting of 82 pieces, was sold by the former Duke of Brunswick to a consortium of Jewish art dealers. In 1935, in the Netherlands, they sold its major portion to agents of Hermann Göring, the second most powerful man in Nazi Germany.

After World War II, the art dealers' heirs unsuccessfully sought the restitution of the treasure. In Germany, the Limbach Commission, a government advisory body, found that there were no grounds for restitution, and in the U.S., the Supreme Court ruled in the 2021 case Germany v. Phillipp that the U.S. courts had no jurisdiction over the restitution claims.

History edit

The Guelph Treasure was originally housed at Brunswick Cathedral in Braunschweig, Germany. Most of the objects were removed from the cathedral in the 17th century and passed into the hands of John Frederick, Duke of Brunswick-Lüneburg, in 1671, and remained in the Court Chapel at Hannover until 1803.

In 1929 Ernest Augustus, former Duke of Brunswick, Head of House of Hanover, sold 82 items to a consortium of Frankfurt art dealers Saemy Rosenberg, Isaak Rosenbaum, Julius Falk Goldschmidt and Zacharias Hackenbroch for the price of 7.5 million Reichsmark. [1]

Items from the Treasure were exhibited in the United States in 1930–31.[2] [3] The Cleveland Museum of Art purchased nine pieces and more were sold to other museums and private collectors.

In 1935 the remaining 42 pieces of the collection were sold for 4.25 million Reichsmarks in a transaction in the Netherlands to agents of Hermann Göring, the second most powerful man in Nazi Germany. It is claimed that, in turn, Göring personally presented the Treasure as a gift to Adolf Hitler, although this is disputed by the Limbach Commission.[4] It was then placed on display in the Bode Museum in Berlin, where it remains.

Restitution claims edit

Proceedings in Germany edit

In 2008 a case for restitution was lodged in Germany by the heirs of the Jewish art dealers over the pieces sold in 1934. In March 2014 the Limbach Commission, an advisory body to the German government, concluded that the treasure should not be handed over as the case did not meet the criteria defining a forced sale due to Nazi persecution.[5] This determination was based on historical facts, which have been verified by source materials. This, among other points, included the fact that since 1930 the Guelph Treasure had been located outside Germany, and the German state had no access to it at any time during the sales negotiations. Additionally the purchase price paid was within the scope of what was usual and achievable on the art market at the time and the sellers received the agreed purchase price.[1]

U.S. court case edit

Main article: Germany v. Philipp

In February 2015, the heirs to the Jewish art dealers[6] sued Germany and the Bode Museum (via the Prussian Cultural Heritage Foundation) in the United States District Court for the District of Columbia in order to recover the treasure, citing that the Foreign Sovereign Immunities Act (FSIA) enables them to sue Germany in United States courts for compensation of property taken from the dealers as "rights in property taken in violation of international law".[7] A few days before, Germany declared the collection for a national cultural treasure, meaning the art pieces can no longer leave the country without the explicit permission of the country's culture minister. It is unclear if the German Culture Minister Monika Grütters was aware of the US lawsuit at the time of the announcement.

Germany sought to dismiss the case, arguing that FSIA did not apply to the sale of goods that did not cross any international borders. The District Court denied the motion to dismiss, which was upheld at the United States Court of Appeals for the District of Columbia Circuit.[8][9][10] Germany petitioned to the United States Supreme Court to rule on the matter. The Supreme Court granted Germany's petition, and heard the case in December 2020.[11] In February 2021, the Court ruled in a unanimous decision that the heirs could not sue Germany under FSIA since the provision related to "rights in property taken" was limited to actions between foreign states, and not between states and individuals. However, the Supreme Court remanded the case back to lower courts on the basis that there may be other options whereby the heirs could seek compensation from Germany.[12]

See also edit

  •  
    Gospels of Henry the Lion showing Henry the Lion and Matilda Plantagenet (Herzog August Bibliothek in Wolfenbüttel)
  •  
    Reliquary with Tooth of Saint John the Baptist, rock crystal c. 1000, Egypt, silver gilt metalwork 1375–1400, Braunschweig, Germany (Art Institute of Chicago)
  •  
    This reliquary is composed of Gothic architectural elements such as pinnacled buttresses and a tower on which a small figure of Saint John the Baptist stands. Although a replacement, the glass cylinder holds the original relic: a finger bone, allegedly of Saint John the Baptist, in a gold mount. This reliquary was once part of the Guelph Treasure accumulated by the dukes of Brunswick beginning in the 11th century. (The Nelson-Atkins Museum of Art, Kansas City, Missouri USA)
  •  
    Portable Altar of Countess Gertrude, shortly after 1038, from the Guelph Treasure, German, Lower Saxony, gold, enamel, porphyry, gems, pearls, niello (Cleveland Museum of Art)
  •  
    Dome reliquary, end of 12th century (Kunstgewerbemuseum Berlin)
  •  
    Guelph Cross (Berlin)

References edit

  1. ^ a b . Stiftung Preußischer Kulturbesitz. Archived from the original on November 1, 2020. Retrieved October 2, 2020.
  2. ^ The Guelph Treasure: Inaugural Exhibition of the Art of the Middle Ages. Pennsylvania Museum of Art, Philadelphia, March 1931.
  3. ^ Nielsen, Christina. (2015). "‘The greatest group of medieval objects ever offered for sale’: the Guelph Treasure and America, 1930–1931," Journal of the History of Collections, V. 27 (November): 441–453.
  4. ^ "US Supreme Court Hears Dispute Over Nazi Treasure Trove". BBC News. December 7, 2020. Retrieved December 8, 2020.
  5. ^ Schulz, Bernhard (March 24, 2014). . The Art Newspaper. Archived from the original on March 27, 2014. Retrieved March 28, 2014.
  6. ^ . Medieval Histories. February 25, 2015. Archived from the original on February 25, 2015. Retrieved February 25, 2015.
  7. ^ Philipp v. Germany, No. 17-7064 (D.C. Cir. June 18, 2019)
  8. ^ Gilbert, Laura (April 3, 2017). . The Art Newspaper. Archived from the original on April 4, 2017. Retrieved April 5, 2017.
  9. ^ Hofmann, Sarah Judith (April 19, 2017). "Nazi-Looted Art Claim Sets New Test for Germany". DW.com. Retrieved April 20, 2017.
  10. ^ Liptak, Adam (December 7, 2020). "Supreme Court Hears Holocaust Survivors' Cases Against Hungary and Germany". The New York Times. Retrieved February 3, 2021.
  11. ^ Oltermann, Philip (December 6, 2020). "Nazi Art Dispute Goes to US Supreme Court in Landmark Case". The Guardian. Retrieved December 8, 2020.
  12. ^ Robinson, Kimberly Strawbridge (February 3, 2021). "Nazi-Era Claims Can't Be Heard Now in U.S. Courts, SCOTUS Says". Bloomberg News. Retrieved February 3, 2021.

Further reading edit

  • Der Gertrudistragaltar aus dem Welfenschatz: Eine stilgeschichtliche Untersuchung. Schriften des Dom-Museums Hildesheim. 2001
  • Bruhn, Heather McCune (1966). ‘The Guelph Treasure: the traveling exhibition and purchases by major American museums’, in Elizabeth Bradford Smith (ed.), Medieval Art in America: Patterns of Collecting, 1800–1940 , exh. cat. Palmer Museum of Art, Pennsylvania State University (University Park, PA , 1996).

External links edit

  • Bloomberg: "Jewish Dealers’ Heirs Claim Treasure Bought by Goering"
  • Tablet: "Jewish Heirs Lay Claim to German Treasure"
  • The Times of Israel: "Heirs seek return of 'cursed' $200m golden treasure bought for Hitler"

February 15, 2024
guelph, treasure, german, welfenschatz, collection, medieval, ecclesiastical, originally, housed, brunswick, cathedral, braunschweig, germany, treasure, takes, name, from, princely, house, guelph, german, welf, brunswick, lüneburg, cross, from, bode, museum, b. The Guelph Treasure German Welfenschatz is a collection of medieval ecclesiastical art originally housed at Brunswick Cathedral in Braunschweig Germany The Treasure takes its name from the princely House of Guelph German Welf of Brunswick Luneburg Cross from the Guelph Treasure Bode Museum Berlin Reliquary of the arm of Saint Blaise Herzog Anton Ulrich Museum Dankwarderode Castle In October 1929 the Treasure consisting of 82 pieces was sold by the former Duke of Brunswick to a consortium of Jewish art dealers In 1935 in the Netherlands they sold its major portion to agents of Hermann Goring the second most powerful man in Nazi Germany After World War II the art dealers heirs unsuccessfully sought the restitution of the treasure In Germany the Limbach Commission a government advisory body found that there were no grounds for restitution and in the U S the Supreme Court ruled in the 2021 case Germany v Phillipp that the U S courts had no jurisdiction over the restitution claims Contents 1 History 2 Restitution claims 2 1 Proceedings in Germany 2 2 U S court case 3 See also 4 References 5 Further reading 6 External linksHistory editThe Guelph Treasure was originally housed at Brunswick Cathedral in Braunschweig Germany Most of the objects were removed from the cathedral in the 17th century and passed into the hands of John Frederick Duke of Brunswick Luneburg in 1671 and remained in the Court Chapel at Hannover until 1803 In 1929 Ernest Augustus former Duke of Brunswick Head of House of Hanover sold 82 items to a consortium of Frankfurt art dealers Saemy Rosenberg Isaak Rosenbaum Julius Falk Goldschmidt and Zacharias Hackenbroch for the price of 7 5 million Reichsmark 1 Items from the Treasure were exhibited in the United States in 1930 31 2 3 The Cleveland Museum of Art purchased nine pieces and more were sold to other museums and private collectors In 1935 the remaining 42 pieces of the collection were sold for 4 25 million Reichsmarks in a transaction in the Netherlands to agents of Hermann Goring the second most powerful man in Nazi Germany It is claimed that in turn Goring personally presented the Treasure as a gift to Adolf Hitler although this is disputed by the Limbach Commission 4 It was then placed on display in the Bode Museum in Berlin where it remains Restitution claims editProceedings in Germany edit In 2008 a case for restitution was lodged in Germany by the heirs of the Jewish art dealers over the pieces sold in 1934 In March 2014 the Limbach Commission an advisory body to the German government concluded that the treasure should not be handed over as the case did not meet the criteria defining a forced sale due to Nazi persecution 5 This determination was based on historical facts which have been verified by source materials This among other points included the fact that since 1930 the Guelph Treasure had been located outside Germany and the German state had no access to it at any time during the sales negotiations Additionally the purchase price paid was within the scope of what was usual and achievable on the art market at the time and the sellers received the agreed purchase price 1 U S court case edit Main article Germany v Philipp In February 2015 the heirs to the Jewish art dealers 6 sued Germany and the Bode Museum via the Prussian Cultural Heritage Foundation in the United States District Court for the District of Columbia in order to recover the treasure citing that the Foreign Sovereign Immunities Act FSIA enables them to sue Germany in United States courts for compensation of property taken from the dealers as rights in property taken in violation of international law 7 A few days before Germany declared the collection for a national cultural treasure meaning the art pieces can no longer leave the country without the explicit permission of the country s culture minister It is unclear if the German Culture Minister Monika Grutters was aware of the US lawsuit at the time of the announcement Germany sought to dismiss the case arguing that FSIA did not apply to the sale of goods that did not cross any international borders The District Court denied the motion to dismiss which was upheld at the United States Court of Appeals for the District of Columbia Circuit 8 9 10 Germany petitioned to the United States Supreme Court to rule on the matter The Supreme Court granted Germany s petition and heard the case in December 2020 11 In February 2021 the Court ruled in a unanimous decision that the heirs could not sue Germany under FSIA since the provision related to rights in property taken was limited to actions between foreign states and not between states and individuals However the Supreme Court remanded the case back to lower courts on the basis that there may be other options whereby the heirs could seek compensation from Germany 12 See also editGospels of Henry the Lion Herzog August Library nbsp Gospels of Henry the Lion showing Henry the Lion and Matilda Plantagenet Herzog August Bibliothek in Wolfenbuttel nbsp Reliquary with Tooth of Saint John the Baptist rock crystal c 1000 Egypt silver gilt metalwork 1375 1400 Braunschweig Germany Art Institute of Chicago nbsp This reliquary is composed of Gothic architectural elements such as pinnacled buttresses and a tower on which a small figure of Saint John the Baptist stands Although a replacement the glass cylinder holds the original relic a finger bone allegedly of Saint John the Baptist in a gold mount This reliquary was once part of the Guelph Treasure accumulated by the dukes of Brunswick beginning in the 11th century The Nelson Atkins Museum of Art Kansas City Missouri USA nbsp Portable Altar of Countess Gertrude shortly after 1038 from the Guelph Treasure German Lower Saxony gold enamel porphyry gems pearls niello Cleveland Museum of Art nbsp Dome reliquary end of 12th century Kunstgewerbemuseum Berlin nbsp Guelph Cross Berlin References edit a b Why Was the Sale of the Guelph Treasure Not a Forced Sale Stiftung Preussischer Kulturbesitz Archived from the original on November 1 2020 Retrieved October 2 2020 The Guelph Treasure Inaugural Exhibition of the Art of the Middle Ages Pennsylvania Museum of Art Philadelphia March 1931 Nielsen Christina 2015 The greatest group of medieval objects ever offered for sale the Guelph Treasure and America 1930 1931 Journal of the History of Collections V 27 November 441 453 US Supreme Court Hears Dispute Over Nazi Treasure Trove BBC News December 7 2020 Retrieved December 8 2020 Schulz Bernhard March 24 2014 It Was Not a Forced Sale Is the Reason Given The Art Newspaper Archived from the original on March 27 2014 Retrieved March 28 2014 Jewish Heirs to Guelph Treasure Sue Germany in USA Medieval Histories February 25 2015 Archived from the original on February 25 2015 Retrieved February 25 2015 Philipp v Germany No 17 7064 D C Cir June 18 2019 Gilbert Laura April 3 2017 Germany Can Be Sued for the Return of Guelph Treasure US Court Decides The Art Newspaper Archived from the original on April 4 2017 Retrieved April 5 2017 Hofmann Sarah Judith April 19 2017 Nazi Looted Art Claim Sets New Test for Germany DW com Retrieved April 20 2017 Liptak Adam December 7 2020 Supreme Court Hears Holocaust Survivors Cases Against Hungary and Germany The New York Times Retrieved February 3 2021 Oltermann Philip December 6 2020 Nazi Art Dispute Goes to US Supreme Court in Landmark Case The Guardian Retrieved December 8 2020 Robinson Kimberly Strawbridge February 3 2021 Nazi Era Claims Can t Be Heard Now in U S Courts SCOTUS Says Bloomberg News Retrieved February 3 2021 Further reading editDer Gertrudistragaltar aus dem Welfenschatz Eine stilgeschichtliche Untersuchung Schriften des Dom Museums Hildesheim 2001 Bruhn Heather McCune 1966 The Guelph Treasure the traveling exhibition and purchases by major American museums in Elizabeth Bradford Smith ed Medieval Art in America Patterns of Collecting 1800 1940 exh cat Palmer Museum of Art Pennsylvania State University University Park PA 1996 External links editBloomberg Jewish Dealers Heirs Claim Treasure Bought by Goering Tablet Jewish Heirs Lay Claim to German Treasure The Times of Israel Heirs seek return of cursed 200m golden treasure bought for Hitler Retrieved from https en wikipedia org w index php title Guelph Treasure amp oldid 1182438633, wikipedia, wiki, book, books, library,

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