The American Fons honorum (U.S.A.)
(or fountain of honours)
By Sir Chaussier, Bt
What’s a « fons honorum » ?
In practice the « ius honorum » (right to grant honors, notably nobility) is materialized in a « fons honorum ». In the monarchies it’s confided to the Sovereign on hereditary basis, as emperor, king, prince, grand duke, etc… In case of deposition, the deposed sovereign or a pretender to the throne who succeeds him by hereditary right (ius sanguinis) stays possessor of fons honorum. Although in general unknown, presidents of republics are also possessors of fons honorum for the time of their mandate. In the officially democratic systems of government, it is the people themselves who are truly sovereign and who possess ius honorum, the right to grant honours which are granted in their name by a fons honorum which is confided to a constitutional sovereign or a president of a republic.
The extent and contents of this fons honorum according to particular traditions, epochs, places and customs, include honorary distinctions of merit or other titles. This encompasses orders of knighthood, nobility, titles of nobility linked or not to a peerage, noble titles devoid of nobility stricto sensu, recognized coat of arms, etc…
Republics generally abstain from granting nobility and titles of nobility. Nevertheless we know of several remarkable exceptions in the instances of the ancient republics of Bologna, Genoa, Florence, Venice, and also today the « Republic of San Marino » of which the Head of State has always retained the prerogative of granting titles of nobility. But that is a dormant right. Likewise sometimes the French Republic exceptionally recognizes titles of nobility, and might decide as all republics to grant nobility, as the Republic of San Marino in the XXth century, but today dormant in the XXIth century.
In actual practice in the XXIth century there exist several classes of public or private « fons honorum » with an extent more or less important according their legality or their legitimacy. Let us examine the prerogatives of fons honorum only from the point of view of a right to grant nobility and titles of nobility :
-Fons honorum of first class : reigning sovereign of a State whose Constitution sanctions the power to ennoble and to confer a title, without ever granting special privileges to those entitled in democracy.
-Fons honorum of 2d class : a deposed sovereign after a change of constitution or revolution etc…without abdication.
-Fons honorum of 3d class or private fons honorum: whereby a pretender to the succession to the throne of a State before 1814 (Congress of Vienna) under an absolute monarchy when the sovereigns, had a fons honorum iure sanguinis, or the pretender to a throne after 1814, heir to a deposed sovereign.
-Fons honorum of 4th class : an hereditary and aristocratic association or society, one or the other private or recognized (de jure or de facto) by the State when it’s a matter of a republic or a monarchy not foreseeing or no longer granting titles of nobility by the Head of the State and refuses to grant or allow foreign titles to its citizens, without specifically forbidding the granting of such titles by aristocratic groups within the country in the name of the people, who always implicitly possess the ius honorum that it delegates explicitly or implicitly, with or without recognition of the State. The level of legality and /or legitimacy is evidently linked to the national Constitution, at the status of Head of State : or of ancient monarch, or of pretender, or finally at the nature and content of the fons honorum. The Republic of the United States of America abstains to confer or recognize nobility and noble titles coming from foreign sovereigns or powers.
There was and there are still Republics conferring nobility and titles of nobility
The United States of America refuses to grant titles of nobility and forbid to its fellows citizens to accept titles from abroad. But nevertheless there is an American Fons honorum sui generis which is not linked to the United States of America as a nation state. We find it in the National Official Peerage Registry which is the product of an American non profit association « The United States Presidents Center, Inc. ». The customary basis and especially its legal claim for this particular fons honorum take one’s inspiration broadly from the ancient Republic of San Marino.
This Republic of San Marino has granted nobility and titles of nobility since the XVIIth century. Its fons honorum emanates from the people of San Marino themselves represented by it’s representatives in the Council of Sixty (or Grand General Council) which is a higher expression of Executive Power.
This Sovereign Council confides its Fons Honorum to the two Captains Regents (alternative Heads of the State) and the Congress of State said also the Council of the Twelve which is the Government. So the noble honours of San Marino come really from the nation. These titles of nobility are granted only to non-citizen foreigners for services rendered. They are symbolically attached to precise places, villages or towns of the territory without being linked to any property ownership. That resembles the British system of peerage, and to a lesser degree the French system, generally accompanied by a genuine property.
Now we find here below the American Constitutional basis.
The American system of honors is relatively close to this model in many aspects. First let us note that in the United States of America, the Constitution completely denies to the nation state any rights to grant titles of nobility and furthermore forbids its citizens from accepting any titles of nobility from any foreign sovereigns or powers.
The article 1, section 9, clause 8 of the American Constitution stipulates that « No title of Nobility shall be granted by the United States , and no person holding any Office or profit or Trust under them, shall, without the consent of Congress , accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. »
The article 1, section 10, confirms : « No state shall…grant any title of nobility. »
Now let us see an element of the legal doctrine : « The TONA (Titles of Nobility amendment) does not say anything about domestic titles of nobility- only those which might be issued by foreign powers. Even if it might be seriously contended that attorneys and others hold special « honours » or privileges by virtue of their positions, the language of this proposed amendment probably would not apply if such titles were to be issued by federal or states governments ». (Congress, and most state legislatures, are otherwise precluded from issuing domestic titles of nobility, as Article I, Section 9, clause 8 , of the original Constitution makes clear.) See Encyclopaedia Wipikedia.
Let us examine the consequences. The article 1, section 9, clause 8 and 10 of the American Constitution forbids to the United States (and evidently the states of the Federation) to grant notably titles of nobility, and forbids also to the American citizens from accepting or bearing such titles coming from foreign sovereigns or powers except for the permission of the Congress, which is never given. The sanction is heavy : the loss of citizenship.
It’s important to define with precision what we comprehend by « title of nobility ». At the time « under the English law » the nobility is strictly defined and verifiable. As the Blackstone’s explanation in 1760, the usual noble titles in use were limited to duke, marquis, earl, viscount and baron. It’s significant to see the definition to exclude royal titles of king or prince as well as lower titles such as knight which are not hereditary. We see also, that the title of squire or esquire is excluded.
See Blackstone quoted by Carlton F.W. LARSON, Titles of nobility, Hereditary privilege, and the unconstitutionnally of legacy presences in public school admissions , article in Washington Law Review, Vol.84, n°6, 2006, pp. 1376 -1440.
On the other hand according the well-known juridical adage : « what isn’t forbidden is allowed ». So, for instance, in the USA nothing prevents the creare motu proprio for oneself and to bear titles of nobility. It is evidently a lie of the higher ridicule. It would be moreover punishable if this title serve evidently to commit swindles. But more seriously it is not forbidden, and it is therefore permitted to all American association legally constituted to be erected in private fons honorum (of 4th class) and to grant titles of nobility.
Nevertheless the United States of America accepts de facto American nobiliary honours from private sources.
O.N.P.R.
So the Official National Peerage Registry (ONPR) under the non profit running “The United States Presidents Center, Inc.” deals of these questions. It’s a fully self-governing and independent organization which isn’t associated with any local or foreign government. It considers that “from time immemorial, ancient or modern, the titles of nobility were taken unilaterally, and by this very fact acquired by a self proclaimed authority, or given by those whose on their own authority seize of the power to act so.” This article will demonstrate that there are a great deal other reasons less summary to award an authentic fons honorum to the Official National Peerage. This one is inspired partly by a prestigious American order, The Order or Society of Cincinnatus.
The Order of Cincinnatus
The Order or Society of Cincinnatus makes use of a private “fons honorum” prestigious and respected. It was instituted the 10 of May 1783 by the officers of the American Army presided by no less than General George Washington. In 1783, two years after the end of hostilities of the War of Independence, a group of ancient officers founded a private organization entitled the Order of Cincinnatus. This name comes from the famous Roman general Cincinnatus who returned to his farm and to his plough when war finished. The Order gathers so at the origin the companions of Washington and Lafayette and their descendants because the Order is hereditary. The title of member of the Order was limited to the men who were been officers of the Continental Army and the Navy for a specific period of time, although the Order had also the power to elect members honoris causa. The Society was divided in local societies (including a French section) in every American states. It greeted also French officers who had served during the Revolution. In the course of the centuries the goal of the Order was to retain a memorial of the War of Independence which was born the Nation.
Another goal was to promote the fraternity, the friendship and the mutual aid among the ancient officers. In practice it was an American order of hereditary knighthood which abstained to say its name. The Order had two remarkable characteristics. First the members borne as a chain an azure ribbon with a white border which was suspended a golden eagle wearing on the heart a locket with the image of Cincinnatus. This sort of emblem was typical similar to that worn by British nobility, particularly baronets. Then it’s the particularity that people become member on hereditary account in the lineage of the elder at each generation following the rules of the primogeniture. For lack the title was passed on the eldest son of the more close collateral branch of the eldest branch. The first member admitted might be an officer of the Continental Army or of the Navy if it had served as far the end of the War of Independence with honour and a minimum of three years of service. It was the same for the officers of the French allied forces in the regiments of Rochambeau and De Grave. The order admits also new American or foreign members honoris causa. The Executive Federal Power wasn’t invest in the Society. But in 1890 the U.S. Congress voted a law permitting military hereditary members of the United States of America to wear on their uniform the emblem of the Order of Cincinnatus and other military hereditary organizations, if there are ex officio members of these association or brotherhoods, on the occasion of ceremonies also official. (See the Act of Sept.25, 1890-26, Stat.681) it’s a recognition de facto At the time of Independence, Count of Mirabeau considered that the formation of the Order of Cincinnatus was “…the creation of an actual patriciate or of a military nobility.”
The American hereditary societies
From XVIIIth to XXIth century a part of the people of the United States of America aspires with an underlying manner to have grow within a specific nobility and aristocracy. We find clearly the trace of them in these prestigious 200 hereditary societies which were born from 1637 ( for instance the first society “ Ancient and Honorable Artillery Company of Massachusetts”) in passin Hob QHh g by the prestigious Order of Cincinnatus ( 1783) which followed the Declaration of Independence the 4 of July 1776. And finally we see the birth of the Official National Peerage Registry the 20th of July 2006 which confers unofficially the nobility and titles of nobility on the sons of America and on their foreign friends.
All these societies are generally founded to commemorate important historical and patriotic events, and also to do the memorial of American wars, victories and acts of heroism. They remind also to do the founders of the country which the pioneers at the basis of the birth of many American states. Finally people finds there genealogical societies gathering together particularly the descendants of a great deal of American personalities.
These societies are all formed by hereditary members in direct line or for want collateral line passing on the quality of member more often by the men and the rule of the primogeniture, as in the European nobility, and sometimes also by the women at the manner of the lineages of the participate of the Ancient Continent. Let us add generally the members honoris causa distinguished for one reason or other. It’s really a nobility and aristocracy de facto that the Legislative Federal Power has besides recognized in 1890 (Act of Sept.25, 1890- 26 Stat. 681) permitting at the American servicemen to wear on their uniform the emblems of the Order of Cincinnatus or other hereditary military organizations on the occasion of ceremonies as for as they are ex officio members of these organizations. If the State authorizes its servicemen to wear the hereditary distinctions, it’s a fortiori a recognition de facto of these societies not only for the servicemen but also for the civilians for which it’s self evident because it’s no authorization to ask.
O.N.P.R, an important fons honorum of the U.S.A.
The House of Lords
Likewise the titles conferred by the House of Lords of the National Peerage Registry on no account hereditary privileges. In fact this hereditary society is widely open to all persons of American nationality fulfilling the required conditions. It’s really the American nationality or for want of all foreigners friends of the U.S.A., adhering to the aristocratic ideal but also democratic of the Society, and having proved it’s attachment to the country with possible familial connections for the foreigners.
In fact, writes the Official National Peerage, “…in all time, modern and ancient, all original Titles of Nobility were unilaterally seized and thereby acquired with self proclaimed authority, or issued by those who unilaterally seized the authority to do so.” In other words from time immemorial appeared fontes honorum spontaneous, as notably the Order of Cincinnatus which confers hereditary honours The Official National Peerage Registry pursues underlining that “… no political power, waiver of law, or special privilege of any kinds is hereby granted or conveyed except the moral, ethical, social, aesthetic, and philosophical status which may naturally and rightfully accrue to a genuine, legal and hereditary Title of Nobility.”
The legitimacy of the private Fons honorum of the Official National Peerage Registry
The O.N.P.R. is certainly removed from the classical “fons honorum” (fontes honorum as plural). Nevertheless it is possible to speak of the fons honorum of the ONPR. as a lesser but still authentic “fons”. “The sole legal, official absolute authority to issue legal Tiles of Nobility within the borders of the United States of America shall hereby reside with the undersigned representatives of the Official National Peerage Registry. “ (ONPR status) More precisely this organization possess actually an House of Lords currently composed of the first three founding members identified as the Lords Chancellors. The fons honorum de facto of the institution is in their hands. They decide who is admitted to the new American Aristocracy through the ONPR. The letters patent begin by the words: “We , the People…”, the first words of the Constitution of the United States of America. So we understand clearly that the ius honorum, or right to grant honors, symbolically belongs to the American People. It is in that right that this House of Lords acts. Thereby they confer and register nobility accompanied by a hereditary title of baronet, baron, count or earl, marquis and duke with a peerage associated with a land of the United States of America, the more often symbolically honoured by the title, without any transfer of property.
The Aristocracy at the service of the People
This fons honorum takes root first in the American People. But for the People there exists several legitimate ways to delegate power, both unofficially and officially. The most wide spread is situated evidently in the democratic system. But so everywhere the democracy in the U.S.A. is also supported in subject manner by an aristocracy which possess a real unofficial power, supported by the customs and also sometimes official founded on laws. For instance the military academies of officers as West Point opened by priority to the children of veterans. In the USA also the aristocracy at the service of every body is the power of the best. To a certain extent it’s de facto complementary of the principal and official power of the sovereign People.
The aristocrats from America or anywhere else justify their power in the final instance at the service of the sovereign People. They are the best because they possess intensely the quality and the excellence. They belong to the elite in the noble sense of the term. In fact the only sense of the aristocracy is to be at the service of the people. It doesn’t betray the fundamental principle of the equality of all at the level of the right. The equality isn’t the uniformity and it’s obvious that differences exist amongst the men. It’s normal that the excellence and the rendered services were rewarded. So, for instance, to create a fons honorum is fully pertinent to honor the best and to thank them for the rendered services by titles of nobility.
The full legitimacy of the private Fons Honorum of the ONPR
The House of Lords of the ONPR is thus composed of the three founding dukes. These Lords Chancellors are agents in name of the people of an unofficial and customary incipient fons honorum in the legal and definitive absence of a completely different nobiliary fons honorum that would otherwise emanate from the federal United State of America or from the fifty states that now comprise that Union. The legitimacy of the ONPR is founded on both the American right of association and also on international nobiliary customs and laws, particularly Western Europe and British, without any neglect of the Constitution of the United States of America.
Conclusions: The profile of the ONPR fons honorum
By way of conclusion we can now sketch the profile of the principal private fons honorum of the United States of America in nobiliary matters.
1° The ius honorum is the legal and / or customary right to confer nobility and titles of nobility or nobiliary. It is the privilege of the American People, at least symbolical.
2° For want of any other institution, the Official National Peerage Registry (ONPR) has become the holder of the principal American private fons honorum. It is a direct product of the non profit association: “The United States Presidents Center” (U.S.P.C. or The Center), 3 Coburn Hill, POB 65, Warren Center –PA18851/USA.
3° The responsibility of this private fons honorum is confided to the House of Lords of the ONPR. It is the responsibility of its Lords Chancellors (or the three duke founders in 2006).
4°These three lords coming from the new American aristocracy collegially confer the nobility and titles of nobility as “domestic titles”, that is to say internal and private, on the American citizens and eventually on foreigners with substantiated ties to that Nation.
5° According the American Constitution the Federal State and the various federated states have not right to grant or accept nobility nor titles of nobility, moreover the citizens are forbidden from accepting titles from any foreign sovereigns or powers. But according to jurisprudence the ONPR can legally confer, in a private capacity, nobility and titles (precisely domestic titles of nobility) , purely as a private organization.
So the House of Lords of the ONPR confers in its private capacity the nobility and titles of nobility as baronet, baron, viscount, count or earl, marquis and duke. They are all symbolically attached to a territory within the United States of America: place, village, county, town…, according the classic system of the British peerages. There my not be more than one titled noble of a given place at a given time.
6° No privileges are attached to these titles or to the peerage as an institution. The public bearing of these honours is permitted in the U.S.A., and also sometimes abroad according to the national legislations.
7° The customary and legislative basis of this private fons honorum are the following:
The Western European nobiliary customs, particularly British customs, still in use in the XXIth century.
The customs and traditions linked to the American hereditary societies, particularly the Order of Cincinnatus.
The ancient and actual laws of the Republic of San Marino as model of its fons honorum.
The federal American law of 1890 (Act of Sept.25, 1890- 26 Stat.681) concerning the hereditary societies, and ipso facto its fons honorum.
The American jurisprudence system linked to the constitutional “nobility clauses” centered “on the domestic titles of nobility”, titles granted by private “fontes honorum” (“fontes”, plural of “fons)
The “missing” (proposed) 13th Amendment of the Constitution, said TONA , which inspired the “noble clauses” of the Article 1 of the American Constitution.
The Constitution of the United States of America, art.1, section 9, clause 8, and section 10.
8. The motto of all nobilities is first “Serve and maintain”.
Bibliography:
Carlton F.W. LARSON, Titles of nobility, Hereditary privilege, and the unconstitutionnaly of legacy presences in public school admissions , article in Washington Law Review, Vol.84, n°6, 2006, pp. 1376 -1440.
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Copyrights Sir Claude Chaussier, Bt.
Brussels/Belgium
2007
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