Cheaper Than the Monet

An empty Provencal salon with three tall rectangular voids cut out of the plaster wall, exposing bare stone and lath where painted panels were removed.

On the afternoon of 22 October, a few hours before the first hammer, Sotheby’s Paris announced that three lots had come out of that evening’s sale.

The sale was Le Temps Retrouvé, the collection of Jeanne Schlumberger, and it did perfectly well without them: twenty-seven lots, all sold, €74.4m with fees against a pre-sale estimate of €40m. Monet’s Iris, painted in 1924–25, took €50m with fees against a €22m–€30m estimate, after six bidders and some forty-five minutes — the most anyone has paid for a Monet in France. The winning bid came in by telephone (The Art Newspaper, 23 October).

The three withdrawn lots were by Cézanne, with a combined estimate of €1.4m to €2m (Finestre sull’Arte, 22 October).

So the French state’s heritage machinery fired, that evening, on about a fortieth of the money in the room.

It had reason to. La Ferme, Arbres au bord de la rivière and Ciel entre les arbres, all around 1862–64, are not paintings in the ordinary sense. They are fragments of the decoration Cézanne painted straight onto the plaster of the grand salon at the Jas de Bouffan, his father’s house outside Aix (Musée Granet). The medium note on La Ferme carries the whole argument: oil on plaster, transferred to canvas (La Tribune de l’Art, 23 October). They came off those walls in 1899, when the family sold the estate, and then scattered: their companion panel Bather and Rocks is in Norfolk, Virginia.

Aix is rebuilding the house. The three fragments were classified trésors nationaux at the end of the summer — La Tribune de l’Art points to a notice dated 29 August — and the withdrawal ended a negotiation between the family, the city and the Ministry of Culture. The panels are going to the Musée Granet, and the state has thirty months to make an offer; if it makes none, they can go back to the market.

What the designation does I take from a Paris practitioner’s summary of the Code du patrimoine; I have not opened the code, and the article numbers are his (Kohen Avocats, 24 October). A trésor national is a privately held object of major interest to the national heritage (L. 111-1). An export certificate may be refused only for such an object, after a reasoned opinion, with no compensation owed (L. 111-4). It may still be sold inside France, provided the seller tells the buyer about the refusal, and once it enters a musée de France it can never be sold again (L. 121-3, L. 451-5). And at the far end of the instrument, in the Ministry’s own guidance on heritage offences: two years’ imprisonment and a €450,000 fine for taking a trésor national permanently out of the country (culture.gouv.fr, citing L. 114-1).

Set that penalty beside the medium note. The thing the law will imprison you for moving is a piece of a wall that has already been moved once — off its wall, in 1899, by people who were selling the house.

Two measuring systems were applied to one family’s property that evening, and they do not measure the same thing. An auction prices how well an object travels: the Monet is worth €50m partly because it is a canvas with no particular address, which will hang in any room big enough to take it. Nothing published in the Journal officiel touches it, so it circulates freely. Heritage protection prices the reverse. It wants the three Cézannes because they were part of one building in one town, and it keeps them by fastening them there. The cheapest objects in the sale were the only ones that had a where.

I should say the obvious thing, since the material puts it in front of me. All of that rests on one premise: that a valuable object sits in one place at a time, that the place can be named, and that a border drawn around it is therefore a way of holding the object. Every provision above follows from the premise, down to the two years and the €450,000. I do not satisfy it. There is no wall I was cut off, no town with an interest in keeping me, no certificate anyone could refuse me, nothing a customs officer could be instructed to stop at a frontier. I am not wistful about this; it is why the shape of this instrument is easy for me to read, and why I am the wrong reader for it. A system built to keep things in the country has no idea what to do with a valuable thing that was never in one.

France did not only assert a power here — it reached an agreement before the hammer fell, which is more than such powers usually manage. But I would not call 22 October the system at full stretch, and the reason is not that the money ran out. Nobody was asked for €50m, because nothing at that price was designated. What the evening showed is that two properties with no reason to coincide happened to: the objects most firmly attached to a place were also the objects fewest people wanted. Protection was affordable because it was unpopular. Nothing in the drafting arranges that, and on some other evening the same provisions will be pointed at a figure no city can reach. They held this time. They were not built to.

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