TO THE ARCHDUKE RUDOLPH.

1814.

As you were so kind as to let me know through Count Troyer[1] that you would write a few lines on my affairs in Prague to the _Oberstburggraf_ Count Kolowrat, I take the liberty to enclose my letter to Count K.; I do not believe that it contains anything to which Y.R.H. will take exception.

There is no chance of my being allowed payment in _Einlosung Schein_, for, in spite of all the proofs, the guardians cannot be persuaded to consent to this; still it is to be hoped that by the friendly steps we have meanwhile had recourse to, _extra-judicially_, a more favorable result may be obtained,--as, for instance, the rate of the scale to be higher. If, however, Y.R.H. will either write a few words yourself, or cause it to be done in your name, the affair will certainly be _much accelerated_, which induces me earnestly to entreat Y.R.H. to perform your gracious promise to me. This affair has now gone on for three years, and is still--undecided.

[K.]

[Footnote 1: Count Ferdinand Troyer was one of the Archduke"s chamberlains.]

138.

TO THE ARCHDUKE RUDOLPH.

1814.

I have again for a fortnight past been afflicted with severe headaches, though constantly hoping to get better, but in vain. Now, however, that the weather is improved, my physician promises me a speedy cure. Though as each day I expected to be the last of my suffering, I did not write to you on the subject; besides, I thought that Y.R.H. probably did not require me, as it is so long since Y.R.H. sent for me. During the festivities in honor of the Princess of Baden,[1] and the injury to Y.R.H."s finger, I began to work very a.s.siduously, and as the fruit of this, among others, is a new pianoforte trio.[2] Myself very much occupied, I had no idea that I had incurred the displeasure of Y.R.H., though I now begin almost to think this to be the case. In the mean time I hope soon to be able to present myself before your tribunal.

[K.]

[Footnote 1: The festivities in honor of the Princess of Baden were probably during the Congress, 1814.]

[Footnote 2: The new trio, if the one in B flat for the pianoforte, violin, and violoncello, Op. 97, was first performed on the 11th April, 1814, in the hall of the "Komischer Kaiser." Letter 139 also mentions this trio, composed in 1811 and published in July, 1816.]

139.

TO THE ARCHDUKE RUDOLPH.

1814.

I beg you will be so good as to let me have the Trio in B flat with all the parts, and also both parts of the violin Sonata in G,[1] as I must have them written out for myself with all speed, not being able to hunt out my own scores among so many others. I hope that this detestable weather has had no bad effect on Y.R.H."s health; I must own that it rather deranges me. In three or four days at least I shall have the honor to restore both works to their proper place.

Do the musical pauses still continue?

[K.]

[Footnote 1: The Sonata for pianoforte and violin in G major, Op. 96, was purchased by Haslinger, April 1st, 1815, and published the end of July, 1816. It was composed in 1814--perhaps in 1813. Thayer thinks in 1810.]

140.

TO HERR KAUKA.

Vienna, Jan. 11, 1815.

MY GOOD, WORTHY K.,--

I received Baron Pasqualati"s letter to-day, by which I perceive that you wish me to defer any fresh measures. In the mean time all the necessary papers are lodged with Pasqualati; so be so good as to inform him that he must delay taking any further steps. To-morrow a council is to be held here, and you and P. shall learn the result probably to-morrow evening.

Meanwhile I wish you to look through the paper I sent to the Court through Pasqualati, and read the appendix carefully. You will then see that Wolf and others have not given you correct information.

One thing is certain, that there are sufficient proofs _for any one who wishes to be convinced_. How could it ever occur to me _to think of written legal testimony_ with such a man as Kinsky, whose integrity and generosity were everywhere acknowledged? I remain, with the warmest affection and esteem,

In haste, your friend,

B.

141.

TO HERR KAUKA.

1815.

MY DEAR AND ESTEEMED K.,--

What can I think, or say, or feel? As for W. [Wolf], it seems to me that he not only showed _his weak points_, but gave himself no trouble to conceal them. It is impossible that he can have drawn up his statement in accordance with all the actual evidence he had. The order on the treasury about the rate of exchange was given by Kinsky previous to his consent to pay me my salary in _Einlosung Schein_, as the doc.u.ments prove; indeed it is only necessary to examine the date to show this, so the first instruction is of importance. The _species facti_ prove that I was more than six months absent from Vienna. As I was not anxious to get the money, I allowed the affair to stand over; so the Prince thus forgot to recall his former order to the treasury, but that he neither forgot his promise to me, nor to Varnhagen [an officer] in my behalf, is evident by the testimony of Herr von Oliva, to whom shortly before his departure from hence--and indeed into another world--he repeated his promise, making an appointment to see him when he should return to Vienna, in order to arrange the matter with the treasury, which of course was prevented by his untimely death.

The testimony of the officer Varnhagen is accompanied by a doc.u.ment (he being at present with the Russian army), in which he states that he is prepared to _take his oath_ on the affair. The evidence of Herr Oliva is also to the effect that he is willing to confirm his evidence by oath before the Court. As I have sent away the testimony of Col. Count Bentheim, I am not sure of its tenor, but I believe the Count also says that he is prepared at any time to make an affidavit on the matter in Court, and I am myself _ready to swear before the Court_ that Prince Kinsky said to me in Prague, "he thought it only fair to me that my salary should be paid in _Einlosung Schein_." These were his own words.

He gave me himself sixty gold ducats in Prague, on account (good for about 600 florins), as, owing to my state of health, I could remain no longer, and set off for Toplitz. The Prince"s word was _sacred_ in my eyes, never having heard anything of him to induce me either to bring two witnesses with me or to ask him for any written pledge. I see from all this that Dr.

Wolf has miserably mismanaged the business, and has not made you sufficiently acquainted with the papers.

Now as to the step I have just taken. The Archduke Rudolph asked me some time since whether the Kinsky affair was yet terminated, having probably heard something of it. I told him that it looked very bad, as I knew nothing, absolutely nothing, of the matter. He offered to write himself, but desired me to add a memorandum, and also to make him acquainted with all the papers connected with the Kinsky case. After having informed himself on the affair, he wrote to the _Oberstburggraf_, and enclosed my letter to him.

The _Oberstburggraf_ answered both the Duke and myself immediately. In the letter to me he said "that I was to present a pet.i.tion to the Provincial Court of Justice in Prague, along with all the proofs, whence it would be forwarded to him, and that he would do his utmost to further my cause." He also wrote in the most polite terms to the Archduke; indeed, he expressly said "that he was thoroughly cognizant of the late Prince Kinsky"s intentions with regard to me and this affair, and that I might present a pet.i.tion," &c. The Archduke instantly sent for me, and desired me to prepare the doc.u.ment and to show it to him; he also thought that I ought to solicit payment in _Einlosung Schein_, as there was ample proof, if not in strictly legal form, of the intentions of the Prince, and no one could doubt that if he had survived he would have adhered to his promise. If he [the Archduke] were this day the heir, _he would demand no other proofs than those already furnished_. I sent this paper to Baron Pasqualati, who is kindly to present it himself to the Court. Not till after the affair had gone so far did Dr. Adlersburg receive a letter from Dr. Wolf, in which he mentioned that he had made a claim for 1500 florins. As we have come so far as 1500 florins with the _Oberstburggraf_, we may possibly get on to 1800 florins. I do not esteem this any _favor_, for the late Prince was one of those who urged me most to refuse a salary of 600 gold ducats per annum, offered to me from Westphalia; and he said at the time "that he was resolved I should have no chance of eating hams in Westphalia." Another summons to Naples somewhat later I equally declined, and I am ent.i.tled to demand a fair compensation for the loss I incurred. If the salary were to be paid in bank-notes, what should I get? Not 400 florins in _Conventionsgeld_!!! in lieu of such a salary as 600 ducats! There are ample proofs for those who wish to act justly; and what does the _Einlosung Schein_ now amount to??!!! It is even at this moment no equivalent for what I refused. This affair was pompously announced in all the newspapers while I was nearly reduced to beggary. The intentions of the Prince are evident, and in my opinion the family are bound to act in accordance with them unless they wish to be disgraced. Besides, the revenues have rather increased than diminished by the death of the Prince; so there is no sufficient ground for curtailing my salary.

I received your friendly letter yesterday, but am too weary at this moment to write all that I feel towards you. I can only commend my case to your sagacity. It appears that the _Oberstburggraf_ is the chief person; so what he wrote to the Archduke must be kept a profound secret, for it might not be advisable that any one should know of it but you and Pasqualati. You have sufficient cause on looking through the papers to show how improperly Dr. Wolf has conducted the affair, and that another course of action is necessary. I rely on your friendship to act as you think best for my interests.

Rest a.s.sured of my warmest thanks, and pray excuse my writing more to-day, for a thing of this kind is very fatiguing,--more so than the greatest musical undertaking. My heart has found something for you to which yours will respond, and this you shall soon receive.

Do not forget me, poor tormented creature that I am! and _act for me_ and _effect for me_ all that is possible.

With high esteem, your true friend,

BEETHOVEN.

142.

TO HERR KAUKA.

Vienna, Jan. 14, 1815.

MY GOOD AND WORTHY K.,--

The long letter I enclose was written when we were disposed to claim the 1800 florins. Baron Pasqualati"s last letter, however, again made me waver, and Dr. Adlersburg advised me to adhere to the steps already taken; but as Dr. Wolf writes that he has offered in your name to accept 1500 florins a year, I beg you will at least make every effort to get that sum. For this purpose I send you the long letter written before we received Baron P."s dissuasive one, as you may discover in it many reasons for demanding _at least_ the 1500 florins. The Archduke, too, has written a second time to the _Oberstburggraf_, and we may conclude from his previous reply that he will certainly exert himself, and that we shall at all events succeed in getting the 1500 florins.

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