Elard Johannes Kulenkamp

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Elard Johannes Kulenkamp (born November 30, 1777 in Witzenhausen , † June 15, 1851 in Kassel ) was a lawyer from the Electorate of Hesse.

Life

family

Elard Johannes Kulenkamp was the son of Friedrich Wilhelm Kulenkamp (* March 20, 1714 in Halberstadt, † June 7, 1799 Witzenhausen), who entered the service of Landgrave Friedrich von Hessen-Kassel as a chamber councilor in 1746 , was during the Seven Years' War when the country was repeatedly occupied by French troops, because of his technical and language skills one of the most influential men in the country. Because his father felt neglected after the end of the war, he gave up his office and lived on his property in Witzenhausen. His father was in third marriage to his mother Katharine Elisabeth (born April 27, 1734, † January 3, 1788), the youngest daughter of Elard J. Biskamp (1696–1762), Metropolitan in Zierenberg , married. Elard Johannes Kulenkampf was the youngest of seventeen children. The grandfather was Michael Kulenkamp (1678–1743), a councilor at the highest court in Kassel.

Elard Johannes Kulenkamp married his cousin Gertrude Auguste Luise (April 30, 1777 - March 30, 1847) on June 7, 1808 in Friedewald , daughter of Georg Elard Biskamp, ​​councilor and bailiff in Treysa . Your children were:

  • Wilhelmin Henriette Caroline Auguste Kulenkamp (* 1809; † 1821);
  • Friedrich Hartmann Elard Julius August Kulenkamp (* 1810; June 12, 1831), died after studying law for a year at the University of Marburg ;
  • George Friedrich Wilhelm Conrad Elard August Kulenkamp (* 1812; † August 8, 1827), died shortly before starting his studies;
  • Carl Julius George Christian Elard August Kulenkamp (* 1813; † February 10, 1841 in Homburg ), magistrate in the judicial office;
  • Amalie Caroline Charlotte Sophie Elardine Auguste Kulenkamp (* 1814; † 1844) married Friedrich Ludwig Heinrich Münscher (1805-1893), Dr. phil., grammar school director in Marburg ;
  • Franz Kulenkamp (* 1816; † 1818);
  • August Kulenkamp (* 1817; † unknown);
  • Sophie Dorothea Marie Auguste Kulenkamp (* 1819; † 1841) married the pharmacist Heinrich Valentin Carl Franz Theodor Hartung called Schwarzkopf (* 1811; † 1858), later chief medical assessor, in Kassel.

Career

Despite poor educational background, Elard Johannes Kulenkamp began studying law at the University of Marburg on October 16, 1795 and attended lectures by Professor Philipp Friedrich Weiß . In the spring of 1799 he passed the exam, but only moderately, so he decided not to pursue a legal career in the higher authorities of the country, but to apply for a lawyer. In the summer of 1799 he passed the lawyer exam at the University of Göttingen with "Good".

In response to his application, he was appointed city counsel and lawyer at the Justice Office in Treysa by a sovereign rescript of March 28, 1800 . With a rescript dated September 27, 1803 he was appointed assistant to the judicial officer Georg Elard Biskamp (1736-1807), a brother of his mother and father of his future wife; In 1806 he was appointed official adjunct . During this time he was also engaged in writing and published legal as well as historical and non-profit articles in several magazines.

On August 18, 1807, most of the Electoral Hesse was assigned to the new Kingdom of Westphalia and on January 1, 1808, the new, French-organized government of King Jérôme Bonaparte began .

Elard Johannes Kulenkamp was hired on February 15, 1808 as a judge at the District Tribunal in Hersfeld . Since the Code Napoleon had been in force as a legal code since January 1, 1808 and a new civil procedural order since March 1, 1809, he had to quickly adapt to the new circumstances. During this time he was also active as a writer on the new court system and wrote some individual treatises, several of which appeared in the legal library edited by Karl Michael Eggena , but he also dealt scientifically with this topic and wrote independent works on it. He remained in his judicial office until the beginning of 1814, because after Elector Wilhelm I again became ruler of the Electorate of Hesse on November 1, 1813, the latter decreed that the Westphalian constitution should be repealed on January 10, 1814 and the officials on February 15, 1814 should return to their old posts; as this did not apply to Elard Johannes Kulenkamp, ​​as he was not in an independent position at the time, he stayed in his post for the time being.

By means of a rescript from the elector, he was appointed judicial officer (equivalent to bailiff) in Friedewald near Hersfeld; he took office on April 22, 1814. There he reintroduced the reprimand courts for his judicial district , which were held four times a year, two in the Oberamt Friedewald , two in the Unteramt Heringen .

After Elector Wilhelm II took over the government on February 27, 1821 , Privy Councilor Friedrich Krafft introduced a new organization of the entire internal state administration, i.e. bureaucracy and a more streamlined and structured organization, and limited the rights of the corporations .

He was transferred to one of the four newly established higher courts and took up his new position on October 5, 1821 in Fulda as a higher judge in the civil senate of the Fulda Higher Court . At first he could not take part in the business of the upper court because he had been commissioned by the Ministry of Justice to work out a draft for a new lower court order for the Electorate of Hesse; he finished this task after only two months.

In autumn 1822 he was appointed to the council at the Higher Appeal Court in Kassel and began his office on November 6, 1822.

From 1823 he took part, initially as a deputy, later as a member of the legal examination committee.

By his own decision and a later sovereign mandate, he undertook from 1826, under the supervision of the Ministry of Justice, to record and explain what was still valid from the large number of Old Hessen state ordinances; He carried out this task until 1839, without neglecting his actual duties at the Higher Appeal Court. This work was published as the New Collection of State Regulations, Announcements and General Decrees, which were issued up to October 1806 for the older parts of the Electorate of Hesse .

Constitutional conflict in the state of Hesse

In 1850 the assembly of estates, dominated by the bourgeoisie, refused to approve the state budget presented by the government because Ludwig Hassenpflug, Minister of the Interior and Justice of the State of Hesse, had not presented a budget. Thereupon the elector dissolved the assembly of the estates because of a breach of the constitution, namely § 143 of the constitutional deed, according to which the estates have to provide for the state needs by approving taxes , and by sovereign ordinance of September 4, 1850 ordered an emergency tax ordinance to continue To be able to collect taxes. As a result, the press and the landlord committee called on both authorities and subjects not to obey this ordinance because it was unconstitutional. After the ordinance was actually not implemented, the elector had an ordinance of 7 September 1850 proclaim a state of war over the Electorate of Hesse and place all military and civil authorities, with the exception of the judiciary, under a supreme military commander.

The now called presidium of the Higher Appeal Court, which was led by Elard Johannes Kulenkamp because the President Ludwig Emil August Duysing (1785–1861) was unable to do so due to health problems, found that the meeting of the estates was in law due to the lack of budget and that of Sovereign rulers decreed exceptional regulations are not justified.

The elector then tightened martial law with a sovereign ordinance of September 28, 1850 and denied the courts the competence to review sovereign decrees for their constitutionality. On October 3, 1850, the Kassel Higher Appeal Court also declared this regulation unconstitutional.

After almost all officers submitted their requests for dismissal between October 9 and 12, 1850 because they had sworn an oath on the constitution, the elector called for help from the Federal Assembly, which dispatched the Federal Executionary Corps as part of a federal intervention . Elard Johannes Kulenkamp could have applied for his retirement after fifty years of service, but considered this to be cowardice and took over the further negotiations and consultations with the authorities.

When in December 1850 the Austrian Lieutenant Field Marshal Count Christian Seraphin Vincenz von Leiningen-Westerburg-Neuleiningen (1812-1856) on behalf of the German Confederation and General Eduard von Peucker on behalf of Prussia and his allies were introduced as civil commissioners at the head of the troops in Kurhessen and prescribed the observance of the sovereign ordinances, it was above all important to them to change the mind of the highest court; to this end, the commissioners made the declaration that they were agents of the German Confederation. The highest court now took the view that, although Prussia had not joined the Bundestag appointed by Austria, the lack of authorization from a supreme authority of the German Confederation through the authority granted to the commissioners by all German governments was effective. On December 18, 1850, the Higher Appeal Court decided to comply with the tax ordinance after all, especially out of consideration for the general welfare of the country. However, after the electoral government was not accommodating and General von Peucker broke his promise not to take executive action against the country by occupying Kassel on December 22nd, 1850, Elard Johannes Kulenkamp believed himself to be so in his legal honor injured that from now on he passed into infirmity and died after a few months of exhaustion.

It remained with the violation of the constitution and its repeal.

Awards

Fonts (selection)

literature

Web links

Individual evidence

  1. Stefan Brakensiek: Prince servants, state officials, citizens: administration and living environment of local officials in small towns in Lower Hesse (1750-1830) . S. 213. Vandenhoeck & Ruprecht, 1999, ISBN 978-3-525-35677-7 ( google.de [accessed on February 9, 2019]).
  2. ^ EJ Kulenkamp: Contributions to the history of the Electoral Higher Appeal Court in Cassel, along with biographical and literary news from the people employed by this court since its establishment . S. 72. Th. Fischer, 1847 ( google.de [accessed on February 9, 2019]).