The nobiliary element in the Order of the Légion d’Honneur

by

Dr. PANGLOSS

The recent spate of postings on rec.heraldry on the comparison between or equivalence of the title of "knight" in European orders which followed a reply to an article which James Algrant published on Caltrap’s Corner dealing with the International Commission on Orders of Chivalry has prompted me to publish this paper on the Légion d’Honneur, Emperor Napoléon’s first step to create a new imperial nobility. I am grateful to Jonathan Caltrap for allowing me to use his bandwidth. Lest anyone get the impression that the following is the result of great historical insight or study let me state that the ideas and facts expressed are the result of reading the following works: "Napoléon et la Noblesse d’Empire" by Jean Tulard; "Quest-ce que la Noblesse", by Alain Texier, "Ordres et décorations" by Claude Ducourtial and by consulting the French "Quid" encyclopaedia.

In mid-April 1802 Napoléon Bonaparte was still General Bonaparte and First Consul when he conceived the idea of the Order of the Légion d’Honneur. This move was part of his master plan to recreate a nobility, a nobility different from that of the Ancien Régime with its feudalism, its lands, titles and privileges, which would never have been acceptable in those revolutionary times. This was to be a nobility which would be entirely dependent upon him and would be a reward for military or administrative virtues.

On 19 May 1802 the Légion d’Honneur was created, but not without difficulty (by 166 votes out of 276 members of the Legislative Body. Art I of the text states "In accordance with decree 87 of the Constitution of year VIII concerning military awards and in order to also reward civilian services and virtues, a Legion of Honor will be created". The idea of extending the award to civilians having been proposed by a deputy, Bonaparte was enthusiastic and warmly defended the principle. Now that modern arms no longer required the physical prowess of man in combat, but his good sense and scientific knowledge as well, virtues equally found in civilians, there was no longer any reason to divide the country into two classes and the award was bestowed to both military and civilians.

In 1803 he addressed the Council of State with these words: "Men are led with baubles. I would not express these thoughts in front of a tribune but in a council of wise men and statesmen one must not hold back. I don’t believe Frenchmen care for liberty and equality; the French are not changed by ten years of revolution; they are what the Gauls were, lighthearted and proud. They care for only one thing: honor; so this sentiment must be fed, they must be given distinctions."

The original project called for a membership of life members split up into fifteen, later sixteen cohorts organized territorially and each having its headquarters and an important revenue from national domains. The word "order" did not appear and the Roman origin of the word "legion" sought to reassure republican public opinion. The Council of State, according to Charles Durand, its historian, was strongly opposed to the inequalities which were likely to arise, and which were strongly reminiscent of the Ancien Régime and might result in the reconstitution of a certain "caste". One of the deputies was alleged to have cried out: "The proposed order leads to aristocracy; crosses and ribbons are the baubles of the monarchy!" Lucien Bonaparte, the First Consul’s brother tried allay the fears of the project’s opponents by pointing out that the Legionnaires had neither special rights nor privileges; that their promotion in the army was not in any way affected; they enjoyed no special exemption from ordinary juridical or fiscal obligations. He declared that the decoration was merely a personal distinction without any political consequences. With respect to the future, the question was raised whether the threat of an hereditary nobility should be taken seriously. Lucien replied in the negative. The oath sworn by the legionnaires should dissolve any apprehension. They swear to "combat any enterprise which strives to reintroduce the feudal régime, and the titles and qualities which were its attributes".

Concerned that the Légion d’Honneur was the first step in a process to reestablish the hereditary nobility, a deputy pointed out that it had originated when the barbarians conceded territorial grants to the leaders who had led them to victory. The lawmakers asked whether the projected statute, which conceded large state lands to the Legion, was not in fact the embryo of an hereditary nobility. The First Consul’s brother Lucien assured them that the concession of these lands to the Legion were to the Legion as a whole and not to any individuals. Though the First Consul won the day, the voting clearly shows that the deputies had not been entirely convinced.

It is difficult to determine what the public reaction to the project was given the heavy censorship of the press in effect at the time. A police report dated 28 April 1802 states that: "there has been much commentary on the Légion d’Honneur in public places. General consensus is that it is one of the best initiatives of the government and worthy of the Republic. The royalists, on the other hand feel that Bonaparte wants to recreate the monarchy for himself and his successors. With this in mind, they say, he takes the Ancien Régime, so discredited in the past ten years, as a model…The Ancien Régime had a nobilitity; the Légion d’Honneur will replace it."

Thus in keeping with the Law of 29 April 1802 the Légion would reward soldiers and civilians. It consisted of a "Chief", the First Consul, a Grand Administrative Council, two administrators the Grand Chancellor and Grand Treasurer and fifteen cohorts each having seven grand officers, twenty commandants, thirty officers and three hundred and fifty legionnaires. Each cohort was assigned a revenue of 200,000 francs from national holdings, as well as an hospice for old soldiers (a nationalized convent) . Salaries of members were 5,000 francs per year for a grand officer, 2,000 for a commandant, 1,000 for an officer and 250 francs for a legionnaire. Each Légionnaire swore an oath of allegiance to the Republic. These salaries reflect Bonaparte’s desire to create an aristocracy to which a fixed revenue would be attached so that it might avoid the impoverishment suffered by the nobility of the Ancien Régime . A Counselor of State of the period is reported to have said that "more than anything else what appeased the debate was that the Légion d’Honneur was more richly endowed than any order of chivalry had ever been. Money tamed republican austerity and triumphed over philosophical disdain. The wearing of a decoration which not only signified talent, courage or virtue but also brought financial relief to those who earned it was no longer considered frivolous".

Without losing any time and in order to reassure the Senate and the ideologues, the government organized the administrative council made up of three consuls, Joseph and Lucien Bonaparte and a soldier Marshall François Christofle Kellerman, and a civilian savant and Senator Bernard Lacépède who was later to become Chancellor .

Only one thing was lacking: a badge. For two years Napoleon was unable to decide on a design. A number of sketches and models were presented to him. No one knows for sure what made him finally opt for the now famous five armed star, which some would call a five armed "Maltese" cross. Though only First Consul when he conceived the Légion d’Honneur one can speculate that Napoleon was looking ahead to the day when he would be Emperor. At first he attempted to give it a "Roman" cast and a Republican character but as time passed he wanted to make it a genuine order. Not a new Saint Louis, but something similar to it. It would be hard to deny that the spirit and the red ribbon of the "democratic" order of Saint Louis did not rub off on the Légion d’Honneur. The badge of Saint Louis symbolized the Cross of Christ while the five armed badge represented the star of the conqueror. Sure it is that in 1802 Napoleon could not have gotten away with this insignia. He waited until 11 July 1804 the day the Empire was officially proclaimed to announce the new decoration. The five-armed double pointed white star which hung from an imperial crown (added in 1805) was surrounded by a wreath made up of laurel and oak leaves. The center showed a profile of Napoléon surrounded by the legend on a blue background"Napoléon, emp. des Français(Napoléon emperor of the French) The reverse depicted an imperial eagle and the device Honneur et Patrie (Honor and fatherland) He had accomplished what none of the Kings before him had dared to do: to suspend from the breast of his subjects not a holy effigy but his own image.

The new decoration was accepted immediately by the people and after the military nominations, nominations were made in the magistrature, the civil service, from among members of the Institute and from among popular authors and illustrious scholars, from among the nobility of the Ancien Régime which had rallied around to the new and from among prelates who were reconciled by the Concordat and from among members of the Assemblies. Only a few refused the decoration. Lafayette is one most often cited. Rochambeau former member of the Saint Esprit accepted the decoration but did not make his pledge of allegiance. The Légion d’Honneur was now an imperial order. On 15 July 1804 Napoleon accompanied by the Empress Josephine made their way to the Church of the Invalides to invest the highest military and civilian authorities as well as some soldiers of the Paris garrison with their decorations. Following a Mass the ceremony of allegiance took place. Each Légionnaire swore the following oath:

"You swear upon your honor to devote yourself to service of the Empire and to the preservation of its territory in all its integrity, to the defense of the Emperor, of the laws of the Republic and the properties it has assigned, to combat by all means to insure that justice, reason and the laws which authorize any enterprise which would attempt to reestablish the feudal régime; finally you swear to use all the means at to assure the maintenance of liberty and equality, the fundamental basis of our institutions. Do you swear? "

The new members with the exception of the clergy replied in a voice: "I swear it"

Then the Emperor pinned on the badge which he was wearing himself for the first time on the chest of every new member.

In 1805 a new dignity was created that of Grand Eagle of the Légion d’Honneur which was to be bestowed on French princes and which was later changed to Grand Cross. To the badge was to be added an imperial crown. In 1808 it became custom came to style the lowest grade of the Légion "chevalier": the Légion was becoming one of the cradles of the imperial nobility and each member could take on the nobiliary title of chevalier and, under certain conditions, transmit it to his descendants. Eventually Educational Institutions were created for the female relatives of legionnaires as well as hospices for veterans.

During the short period from 1808 to 1814 nobiliary legislation was particularly abundant. There were several ways one could qualify for the hereditary title of chevalier.

1) Chevaliers legionnaires with a personal income of 3000 francs per year. The two decrees of 1 March 1808 on the creation of imperial titles were announced to the Senate by Cambacérès, the Arch-Chancellor of the Empire as follows: "The Légion d’Honneur could not remain stranger to the organization which is being prepared; special provisions make it the first degree of this illustrious hierarchy. The title, as revered as it was in times gone by, which goes with it seems to acquire a new dignity; it becomes a new glorious heritage which children are anxious to enhance and render illustrious.." The first decree of 1 March 1808 stated:

"Art.11: Members of the Légion d’Honneur and those who in the future obtain this distinction will style themselves chevalier.

Art.12: This title will be transmissible to the direct and legitimate, natural or adoptive male descent of the title holder by order of primogeniture who presents himself before the Arch-Chancellor in order to obtain our letters patent to that effect and by justifying a net annual income of at least 3,000 francs." The inclusion of natural and adopted children is worthy of note.

Thus, by virtue of Article 11 sole membership in the Légion d’Honneur conferred without any further formalities the personal and lifetime title of chevalier of the Empire. This formula, without precedent favored all those who, without distinction of rank all the way down to the private soldier, had distinguished themselves. It goes without saying that practically no one in the ranks could justify an income of 3,000 francs specified in Article 12 for the acquisition of letters patent for the title of chevalier.

In his address to new members, the Grand Chancellor of the Légion d’Honneur said: "All members of the Légion d’Honneur use the title of chevalier. They may use the title in front of their name or include the qualification of "chevalier de l’Empire" among their attributes . Within the Légion members should always use their titles of grand officer, commandant, officer and legionnaire or member of the Légion."

"With respect to arms, and liveries and to the transmission of the title of chevalier, the member must obtain letters patent from His Imperial and Royal Majesty through His Serene Highness the prince Arch-Chancellor."

Article 11 conferred a personal title. Article 12 made it transmissible, that is to say with a possibility of transmitting it. The justification of an income of 3,000 francs had to be demonstrated to the Council of the Seal for each successor. However, in case of a reverse of fortune, the right of transmission remained "for one or more generations if the heirs were unable to meet the requirement." At this time, and as opposed to other titles, the right could be extended indefinitely by a decree from the Emperor. The title remained transmissible, but not hereditary. This was to change in 1810.

Article 22 stated: "When, for services rendered we shall have granted an endowment to a member of the Légion d’Honneur to whom letters patent of chevalier shall have been issued unattached to any other of our imperial titles, said title will only be transmissible to the eldest of his descendants who was not a member of the Légion d’Honneur, up to and including the third generation so long as each has obtained our confirmation through our Council of the Seal; after three successive confirmations, transmission of the title will take place with no further formality than the visa of our Council of the Seal."

Thus after the third confirmation the title became hereditary. It must be noted that if any one of the three successors was already a member of the Légion he was not required to solicit a decree of dispensation from the Emperor. This was because the quality of member of the Légion already conferred the ad vitam title of chevalier.

2) Chevaliers legionnaires of automatic majorats . (Hereditary title.) During a few months from September 1809 to March 1810, legionnaires whose endowments totalled 2,000 francs were assimilated to the ranks of holders of automatic majorats. (For a discussion of majorats, the reader is referred to an earlier paper of mine on Caltrap’s Corner entitled "Some random thoughts about the French nobility")

3) In March 1810 the Emperor reserved the right for himself to bestow on his subjects the title of chevalier de l’Empire "even though they might not be members of the Légion d’Honneur".

4) Chevaliers drawn from the nobility of territorial departments united to the Empire. The decree of 26 August 1811 allowed the nobility of these departments to petition for imperial titles. Eight titles of chevalier were so created. Required were three confirmations of nobility and 3,000 francs of personal income.

5) Chevaliers of the Imperial Order of the Reunion, an order which had been created by decree on 18 October 1811. Another decree of 12 March 1813 had assimilated this order to that of the Légion d’Honneur with respect to the right to the title of chevalier.

The original law had specified that the number of members was not to exceed 4,932. On 28 May 1805 a new maximum was fixed to by adding 2,000 new members. On 22 September 1805 there were 11,656 legionnaires. War swelled its ranks. In 1806 2,615 chevaliers were nominated, 6,658 in 1807, 1,217 in 1808. At the beginning of 1809 the order consisted of 20,393 ; 4,401 were nominated that year. Only 3,052 were named between 1811 and 1812. On 1 January 1812 the order’s breakdown was as follows: Out of 25,684 members there were 67 grand crosses, 126 grand officers, 530 commandants, 1,631 officers and 23,330 chevaliers . In 1814 at Napoleon’s abdication there were 38,163 members of which 34,361 were chevaliers. Between 1803 and 1814 less than 2,000 civilians were nominated.

The rapid expansion of the Légion’s membership had catastrophic consequences on its real estate. While it became the biggest landowner in France it was not able to manage itself and fulfill its obligations to the legionnaires. In short, the properties represented a capital of some 77 million francs and produced a revenue of some 3.5 million francs, which was enough to cover the Legionnaires salaries but not the administrative costs. On the other hand while at least half were properties whose nationalization no longer posed legal problems, they were parceled pieces of land the maintenance of which absorbed most of their revenues. Left were some properties worth 38 million francs certain of which had been claimed by returned émigrés. In spite of the efforts of the Director of Domains to establish the Légion’s endowment, the bulk of the unsold nationalized properties had either been contested or excessively dipped into to establish a solid real estate portfolio. This and the ever increasing number of nominations were the principal reasons for the failure of the Legion of Honor to become the embryo of a new nobility.

Finally, a decree dated 28 February 1809 put an end to the administration of the cohorts. Chancellors and treasurers were eliminated; rural properties administered by the Légion and those which had yet to be turned over to it by the Domains Administration were placed into a sinking fund. Wooded tracts and forests belonging to the Légion with the exception of those depending on the chateau at Chambord, were joined to the imperial forests. The abbeys or palaces assigned as cohort headquarters were turned over to municipal or departmental administrations or sold. Thus the original idea of turning the Légion into an aristocratic corps, came to naught.

With the end of the cohorts’ autonomy the Légion d’Honneur found itself reduced to an individual decoration. Napoleon soon lost interest in this type of aristocratization of France and concentrated on other means for the creation of a genuine nobility.

As early as 1814 at the Restoration of the monarchy, Louis XVIII reestablished all the orders of the Ancien Régime but also kept the Légion d’Honneur. He invested himself with the title of "Grand Master and Sovereign Head of the royal Order of the Légion d’Honneur", changed the oath and modified its badge. The face of Napoleon was replaced by that of King Henri IV on the obverse center and the eagle was replaced by 3 fleurs de lys surrounded by the motto Honneur et Patrie on the reverse. The imperial crown was replaced by a royal one.

The Restoration did not specifically cancel all the preceding dispositions. They were just no longer applied and a new method was used to accede to nobility and to the title of chevalier based both on the edict of November 1750 concerning the military nobility and on the texts of the First Empire. The following are the texts of essential articles of the ordinance of 8 October 1814 "which prescribe the criteria necessary for the issuance of letters patent bestowing the personal title of chevalier to members of the Légion d’Honneur":

"Art.I Letters patent conferring the personal title of chevalier and arms to members of the Légion d’Honneur will continue to be issued if the petitioner can present a revenue of at least 3,000 francs from real estate situated in France .

Art.II When the grandfather, son and grandson will have been successively members of the Légion d’Honneur and will have obtained letters patent per the preceding article, the grandson will be deemed to have acquired nobility and will transmit it to all his descendants. "

While the Empire confirmed the first legionnaire’s title after three non-successive (but not necessarily consecutive) legionnaire descendants by primogeniture, the Restoration insisted on three consecutive legionnaire generations (ie, two after the first recipient of letters patent) which was much more difficult to achieve.

The July monarchy by a law passed on 12 May 1835 proscribed the constitution of new majorats and limited transmission to those which were fixed at the third generation ending the requirement to justify a revenue of 3,000 francs.

The Second Empire simplified the procedures. Letters patent for titles of nobility and coats of arms would no longer be required. A decree signed by the head of state would be sufficient since it would specify the method of transmission of the conferred title. Not so for the title of chevalier. Nomination to the Légion d’Honneur would not be enough. Letters patent (if a coat of arms was requested) or at least a decree was necessary to transform the ad-vitam title attached to the Légion d’Honneur into a transmissible one which would signify the sovereign’s agreement to the eventual succession of the family to the title. No new chevaliers were created under this régime, but 24 there were confirmations of succession by decree, of which only 10 were followed by letters patent.

There have only been two confirmations of titles by decree during the III, IV and Vth Republics. There may be to this day be a few cases of titles of chevalier whose transmission could be confirmed by a simple judgment of the Keeper of the Seals .

A group which calls itself "Association of hereditary honors" was created in Strassbourg in 1967. Its objective is to perpetuate in decorated families the zeal for the well-being of the state by reminding them of the honorable accomplishments of their ancestors. The association is made up of individuals who meet the criteria of the Ordinance of 10 October 1814, excluding that of letters patent which, as we have seen, were no longer issued since the Second Empire. The Grand Chancery of the Légion d’Honneur points out that even though the dispositions of 1808,1810 and 1814 have not been specifically abrogated, Marshall MacMahon, President of the Republic nevertheless decided on 10 May 1875 at a meeting of the Council of Ministers, that in view of the constitutional laws in effect, henceforth requests for the attachment of new French titles to names would not be considered. The Grand Chancery is of the opinion that any other interpretation of the texts is incompatible with the Constitution of 1958 (whose preamble and article 2 take exception to the concept that even in certain cases or under certain conditions, birth might confer titles or special honors on Frenchmen.) Others generally are of the opinion that the Association by registering the coats of arms of its members which depict knightly rank within the shield (a badge of the LH on a red pale, fess,chevron or other ordinary) under the 1^st Empire and without the shield ( a noble’s helm) under the Restoration and which were bestowed between 1808 and 1830 are usurping the rights of the State.

The insignia of the Légion d'Honneur is as follows:

The Collar: Insignia of the Grand Master, President of the Republic. Napoléon wore a collar and bestowed it on the men of his family and his closest collaborators. The collar was not a sign of rank but a special award. The Restoration, July monarchy and Second Republic did not make use of the collar. Napoléon III wore that of his father, Louis. From then on it has been the special insignia of the Grand Master. The original collar was made of solid gold and was composed of sixteen eagles, signifying the sixteen cohorts, separated by sixteen medallions engraved with the symbols of the principal military and civil activities of the nation, a star at the center with the letter N surrounded by a laurel leaf. The Collar worn today by the President of the Republic consists of a solid gold chain made up of sixteen rectangular links each engraved with the symbols of the principal activities of the nation. The center features a monogram with the letters HP signifying honor and fatherland from which depends the badge of the Legion.

The "Plaque" and the Cross: The "Plaque" is actually the badge of Grand Officier and Grand' Croix. It is a star with rays in the angles. During the Empire it featured an imperial eagle in the center, replaced in 1814 by three fleurs de lys, from 1815 to 1848 by the profile of Henri IV, under the Second Republic by that of Napoléon I, then by the eagle again under the Second Empire and finally by figure of Marianne representing the Republic. The "Cross" was initially described as "star", then "cross" and is worn by each legionnaire (silver for chevaliers, gold then vermeil for other ranks in different sizes. Chevaliers wear the cross depended from a red ribbon on the left breast; officiers wear the same badge with a rosette superimposed on the ribbon; commandeurs wear a larger badge from a ribbon worn in a cravatte around the neck; grand officier the same badge as an officier but larger as well as a plaque on the right side; grand' croix a large gold cross from a cordon depended from the right shoulder to the right hip

For every day use there is special insignia to be worn on the lapel of lounge suits. A thin red ribbon for chevalier, a red rosette for officier, a red rosette seated upon a silver "canapé" for commandeur, a red rosette seated on a half silver half gold canapé for grand officier and the same on a gold canapé for a grand' croix.

Today, all French citizens of either sex can accede to the Légion d'Honneur only in the grade of chevalier and can only access the senior ranks after having spent time in each. They must have performed civil or military functions with distinction for 20 years or 25 in the private sector.These requirements may be modified in time of peace for exceptional service in any category which may be determined by the Grand Chancellor of the Légion. In war time for exceptional heroism or serious wounds.

There are two promotions each year one in January, the other in July. Government ministers propose a number of their functionaries or individuals whose activities depend on the ministry for appointment to the Grand Chancellor, who assisted by the Council of the Order examines the nominations. After the nominations are accepted the ministries prepare the decrees for the signature of the President of the Republic. The Grand Chancery may also present its own nominations. The same procedure is used for promotion to the next grade. Time in grade requirements are 5 years from chevalier to officier 5 years from officier to commandeur; 3 years from commandeur to grand officier and the same from grand officier to grand-croix.

Crosses may also be awarded posthumously. Non resident foreigners may be nominated directly in all ranks of the Order. Entire military units may be decorated and each member thereof wears a red "fouragère" on uniform.

The palace of the Grand Chancery of the Légion d’Honneur has been located at the hôtel de Salm on the quai d’Orsay, in Paris since 1804 . The Chancery is the official French government body which rules on all questions having to do with the displaying of French and foreign decorations by French citizens. It shares the premises with the museum of the Légion d’Honneur where is housed a major collection of decorations both French and foreign, as well as documents, archives and paintings. The museum, the only one of its kind, is devoted to orders and decorations and attracts students of history from all over the world.

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