126.

TO THE ARCHDUKE RUDOLPH.

Vienna, July 14, 1814.

Whenever I inquire about you I hear nothing but good news. As for my own insignificant self, I have been hitherto hopelessly detained in Vienna, and unable to approach Y.R.H.; I am also thus deprived of the enjoyment of beautiful Nature, so dear to me. The directors of the theatre are so _conscientious_, that, contrary to their faithful promise, they have again given my Opera of "Fidelio," without thinking of giving me any share in the receipts. They would have exhibited the same commendable good faith a second time, had I not been on the watch like a French custom-house officer of other days. At last, after a great many troublesome discussions, it was settled that the Opera of "Fidelio" should be given on Monday the 18th of July, for my benefit. These _receipts_ at this season of the year may more properly be called _deceits_; but if a work is in any degree successful it often becomes a little feast for the author. To this feast the master invites his ill.u.s.trious pupil, and hopes--yes! I hope that Y.R.H. will graciously consent to come, and thus add l.u.s.tre to everything by your presence. It would be a great boon if Y.R.H. would endeavor to persuade the other members of the Imperial family to be present at the representation of my Opera, and I on my part will not fail to take the proper steps on the subject which duty commands. Vogl"s illness[1] enabled me to satisfy my desire to give the part of Pizarro to Forti,[2] his voice being better suited to it; but owing to this there are daily rehearsals, which cannot fail to have a favorable effect on the performance, but which render it impossible for me to wait upon Y.R.H. before my benefit. Pray give this letter your favorable consideration, and think graciously of me.

[K.]

[Footnote 1: Joh. Mich. Vogl, born August 10th, 1768, was Court opera singer (tenor) in Vienna from 1794 to 1822; he died November 19th, 1840.]

[Footnote 2: Forti, born June 8th, 1790, a member of the Royal Court Theatre (a barytone), pensioned off in 1834.]

127.

DEPOSITION.

1814.

I voluntarily presented Maelzel _gratis_ with a "Battle Symphony" for his panharmonica. After having kept it for some time, he brought me back the score, which he had already begun to engrave, saying that he wished it to be harmonized for a full orchestra. The idea of a battle had already occurred to me, which, however, could not be performed on his panharmonica.

We agreed to select this and some more of my works [see No. 116] to be given at the concert for the benefit of disabled soldiers. At that very time I became involved in the most frightful pecuniary difficulties.

Forsaken by every one in Vienna, and in daily expectation of remittances, &c., Maelzel offered me fifty gold ducats, which I accepted, saying that I would either repay them, or allow him to take the work to London, (provided I did not go there myself with him,) referring him to an English publisher for payment.

I got back from him the score written for the panharmonica. The concerts then took place, and during that time Herr Maelzel"s designs and character were first fully revealed. Without my consent, he stated on the bills of the concert that the work was _his property_. Indignant at this, I insisted on his destroying these bills. He then stated that I had given it to him as a friendly act, because he was going to London. To this I did not object, believing that I had reserved the right to state the conditions on which the work should be his own. I remember that when the bills were being printed, I violently opposed them, but the time was too short, as I was still writing the work. In all the fire of inspiration, and absorbed in my composition, I scarcely thought at all on the subject. Immediately after the first concert in the University Hall, I was told on all sides, and by people on whom I could rely, that Maelzel had everywhere given out he had paid me 400 gold ducats for the Symphony. I sent what follows to a newspaper, but the editor would not insert it, as Maelzel stands well with them all. As soon as the first concert was over, I repaid Maelzel his fifty ducats, declaring that having discovered his real character, nothing should ever induce me to travel with him; justly indignant that, without consulting me, he had stated in the bills that all the arrangements for the concert were most defective. His own despicable want of patriotism too is proved by the following expressions: "I care nothing at all about L.; if it is only said in London that people have paid ten gulden for admission here, that is all I care about; the wounded are nothing to me." Moreover, I told him that he might take the work to London on certain conditions, which I would inform him of. He then a.s.serted that it was a _friendly gift_, and made use of this phrase in the newspapers after the second concert, without giving me the most remote hint on the subject. As Maelzel is a rude, churlish man, entirely devoid of education or cultivation, it is easy to conceive the tenor of his conduct to me during this time, which still further irritated me. Who could bear to be forced to bestow a _friendly gift_ on such a man? I was offered an opportunity to send the work to the Prince Regent, [afterwards George IV.] It was therefore quite impossible for me to _give away the work unconditionally_.

He then called on a mutual friend to make proposals. He was told on what day to return for an answer, but he never appeared, set off on his travels, and performed the work in Munich. How did he obtain it? He could not possibly _steal_ it; but Herr Maelzel had several of the parts for some days in his house, and he caused the entire work to be harmonized by some obscure musical journeyman, and is now hawking it about the world. Herr Maelzel promised me ear-trumpets. I harmonized the "Battle Symphony" for his panharmonica from a wish to keep him to his word. The ear-trumpets came at last, but were not of the service to me that I expected. For this slight trouble Herr Maelzel, after my having arranged the "Battle Symphony" for a full orchestra, and composed a battle-piece in addition, declared that I ought to have made over these works to him as _his own exclusive property_.

Even allowing that I am in some degree obliged to him for the ear-trumpets, this is entirely balanced by his having made at least 500 gulden in Munich by my mutilated or stolen battle-piece. He has therefore paid himself in full. He had actually the audacity to say here that he was in possession of the battle-piece; in fact he showed it, written out, to various persons. I did not believe this; and, in fact, with good reason, as the whole is not by me, but compiled by some one else. Indeed the credit he a.s.sumes for the work should alone be sufficient compensation.

The secretary at the War Office made no allusion whatever to me, and yet every work performed at both concerts was of my composition.

Herr Maelzel thinks fit to say that he has delayed his visit to London on account of the battle-piece, which is a mere subterfuge. He stayed to finish his patchwork, as the first attempt did not succeed.

BEETHOVEN.

128.

TO HERR J. KAUKA, DOCTOR OF LAWS IN PRAGUE, IN THE KINGDOM OF BOHEMIA.

The Summer of 1814.

A thousand thanks, my esteemed Kauka. At last I meet with a _legal representative_ and a _man_, who can both write and think without using unmeaning formulas. You can scarcely imagine how I long for the end of this affair, as it not only interferes with my domestic expenditure, but is injurious to me in various ways. You know yourself that a sensitive spirit ought not to be fettered by miserable anxieties, and much that might render my life happy is thus abstracted from it. Even my inclination and the duty I a.s.signed myself, to serve suffering humanity by means of my art, I have been obliged to limit, and must continue to do so.[1]

I write nothing about our monarchs and monarchies, for the newspapers give you every information on these subjects.[2] The intellectual realm is the most precious in my eyes, and far above all temporal and spiritual monarchies. Write to me, however, what you wish _for yourself_ from my poor musical capabilities, that I may, in so far as it lies in my power, supply something for your own musical sense and feeling. Do you not require all the papers connected with the Kinsky case? If so I will send them to you, as they contain most important testimony, which, indeed, I believe you read when with me. Think of me and do not forget that you represent a disinterested artist in opposition to a n.i.g.g.ardly family. How gladly do men withhold from the poor artist in one respect _what they pay him in another_, and there is no longer a Zeus with whom an artist can invite himself to feast on ambrosia. Strive, my dear friend, to accelerate the tardy steps of justice. Whenever I feel myself elevated high, and in happy moments revel in my artistic sphere, circ.u.mstances drag me down again, and none more than these two lawsuits. You too have your disagreeable moments, though with the views and capabilities I know you to possess, especially in your profession, I could scarcely have believed this; still I must recall your attention to myself. I have drunk to the dregs a cup of bitter sorrow, and already earned martyrdom in art through my beloved artistic disciples and colleagues. I beg you will think of me every day, and imagine it to be an _entire world_, for it is really asking rather too much of you to think of so humble an _individual_ as myself.

I am, with the highest esteem and friendship,

Your obedient

LUDWIG VAN BEETHOVEN.

[Footnote 1: He supported a consumptive brother and his wife and child.]

[Footnote 2: At the Vienna Congress Beethoven was received with much distinction by the potentates present.]

129.

ADDRESS AND APPEAL TO LONDON ARTISTS BY L. VAN BEETHOVEN.

Vienna, July 25, 1814.

Herr Maelzel, now in London, on his way thither performed my "Battle Symphony" and "Wellington"s Battle of Vittoria" in Munich, and no doubt he intends to produce them at London concerts, as he wished to do in Frankfort. This induces me to declare that I never in any way made over or transferred the said works to Herr Maelzel; that no one possesses a copy of them, and that the only one verified by me I sent to his Royal Highness the Prince Regent of England. The performance of these works, therefore, by Herr Maelzel is either an imposition on the public, as the above declaration proves that he does not possess them, or if he does, he has been guilty of a breach of faith towards me, inasmuch as he must have got them in a surrept.i.tious manner.

But even in the latter case the public will still be deluded, for the works that Herr Maelzel performs under the t.i.tles of "Wellington"s Battle of Vittoria" and "Battle Symphony" are beyond all doubt spurious and mutilated, as he never had any portion of either of these works of mine, except some of the parts for a few days.

This suspicion becomes a certainty from the testimony of various artists here, whose names I am authorized to give if necessary. These gentlemen state that Herr Maelzel, before he left Vienna, declared that he was in possession of these works, and showed various portions, which, however, as I have already proved, must be counterfeit. The question whether Herr Maelzel be capable of doing me such an injury is best solved by the following fact,--In the public papers he named himself as sole giver of the concert on behalf of our wounded soldiers, whereas my works alone were performed there, and yet he made no allusion whatsoever to me.

I therefore appeal to the London musicians not to permit such a grievous wrong to be done to their fellow-artist by Herr Maelzel"s performance of the "Battle of Vittoria" and the "Battle Symphony," and also to prevent the London public being so shamefully imposed upon.

130.

TO DR. KAUKA.

Vienna, August 22, 1814.

You have shown a feeling for harmony, and you can resolve a great discord in my life, which causes me much discomfort, into more pleasing melody, if you will. I shortly expect to hear something of what you understand is likely to happen, as I eagerly antic.i.p.ate the result of this most _unjust_ affair with the Kinskys. When the Princess was here, she seemed to be well disposed towards me; still I do not know how it will end. In the mean time I must restrict myself in everything, and await with entire confidence what is _rightfully my own_ and _legally devolves on me_; and though unforeseen occurrences caused changes in this matter, still two witnesses recently bore testimony to the wish of the deceased Prince that my appointed salary in _Banco Zettel_ should be paid in _Einlosung Schein_, making up the original sum, and the Prince himself gave me sixty gold ducats _on account_ of my claim.

Should the affair turn out badly for me by the conduct of the Kinsky family, I will publish it in every newspaper, to their disgrace. If there had been an heir, and the facts had been told to him _in all their truth_, just as I narrated them, I am convinced that he would at once have adopted the words and deeds of his predecessor. Has Dr. Wolf [the previous advocate] shown you the papers, or shall I make you acquainted with them?

As I am by no means sure that this letter will reach you safely, I defer sending you the pianoforte arrangement of my opera "Fidelio," which is ready to be dispatched.

I hope, in accordance with your usual friendliness, soon to hear from you.

I am also writing to Dr. Wolf (who certainly does not treat any one _wolfishly_), in order not to arouse his _pa.s.sion_, so that he may have _compa.s.sion_ on me, and neither take my purse nor my life.

I am, with esteem, your true friend,

LUDWIG VAN BEETHOVEN.

131.

TO COUNT MORITZ LICHNOWSKY.

Baden, Sept. 21, 1841.[1]

MOST ESTEEMED COUNT AND FRIEND,--

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