FIRST PERFORMANCE OF THE TRIO IN B-FLAT 269

pieces of music in it, the overture was given to Hummel and the concluding chorus, "Germania, wie stehst du jetzt im Glanze da,” to Beethoven.

In a note to Treitschke, called out by the proposed changes in the scenery of "Fidelio," Beethoven wrote:

The arrival of the Spaniards, which is only suggested in the play, not visibly presented, might be utilized for the multitude to open the big hole of the Wiedener Theatre [the stage]-and there might be a good deal of spectacle besides and the music would not be wholly lost, and I should willingly add something new if it were asked.

Towards the end of March, Beethoven received the new text to "Fidelio." To Treitschke he wrote: "I have read your amendments to the opera with great pleasure; they determine me to rebuild the ruins of an old castle.' A letter to the poet refers again to the chorus which he had composed for Treitschke's Singspiel:

I beg you, dear T., to send me the score of the song so that the interpolated note may be written into all the instruments—I shall not take it at all amiss if you have it newly composed by Gyrowetz or anybody else-preferably Weinmüller-I make no pretensions in the matter, but I will not suffer that any man-no matter who he may be change my compositions.

Beethoven's attention was now again called away from the opera by a concert in the hall of the Hotel zum Römischen Kaiser, arranged by the landlord and Schuppanzigh for a military charity. Czerny relates that a new grand trio had then for some time been a subject of conversation among Beethoven's friends, though no one had heard it. This work, Op. 97, in B-flat major, was to open the second part of the concert and the composer had consented to play in it. Spohr was by chance in Beethoven's rooms at one of the rehearsals and heard him play-the only time. "It was not a treat," he writes:

for, in the first place, the pianoforte was badly out of tune, which Beethoven minded little, since he did not hear it; and secondly, there was scarcely anything left of the virtuosity of the artist which had formerly been so greatly admired. In forte passages the poor deaf man pounded on the keys till the strings jangled, and in piano he played so softly that whole groups of tones were omitted, so that the music was unintelligible unless one could look into the pianoforte part. I was deeply saddened at so hard a fate. If it is a great misfortune for any one to be deaf, how shall a musician endure it without giving way to despair? Beethoven's continual melancholy was no longer a riddle to me.1

'At this time Moscheles was a regular listener at the quartet performances at Schuppanzigh's. Concerning one of them, he writes ("Aus Moscheles' Leben," I, p. 18): "I sat beside Spohr, we exchanged opinions about what we heard: Spohr spoke with great heat against Beethoven and his imitators."

The concert took place at noon on Monday, April 11. Moscheles was present and wrote in his diary:

In the case of how many compositions is the word "new" misapplied! But never in Beethoven's, and least of all in this, which again is full of originality. His playing, aside from its intellectual element, satisfied me less, being wanting in clarity and precision; but I observed many traces of the grand style of playing which I had long recognized in his compositions.

In those days a well-to-do music-lover, named Pettenkofer, gathered a number of young people into his house every Saturday for the performance of instrumental music. One evening a pupil of Schuppanzigh's requested his neighbor at the music-stand, a youth of 18 years, to take a note from his teacher next day to Beethoven, proposing a rehearsal of the Trio, and requiring no answer but "yes" or "no." "I undertook the commission with joy," he records:

The desire to be able to stand for even a moment beside the man whose works had for several years inspired me with the greatest reverence for their author, was now to be so unexpectedly and strangely realized. The next morning the bearer of the note, with beating heart, climbed the four flights in the Pasqualati house, and was at once led by the sartorial servant to the writing table of the master. After he had read the missive, he turned to me and said "Yes"; with a few rapidly added questions the audience came to an end; but at the door I permitted myself to tarry a little while to observe the man, who had already resumed his writing, closely.

This youth was Anton Schindler. He continues his narrative: This, almost the most important event in the life-history of the poor student up to that time, was soon followed by the acquaintanceship of Schuppanzigh. He gave me a ticket for the concert of April 11, given by him. On this occasion I approached the great master with more confidence, and greeted him reverently. He answered pleasantly and showed that he remembered the carrier of the note.

And thus ended all personal intercourse between Schindler and Beethoven until the end of the year-a fact to be noted.

A few weeks later Beethoven played in the Trio again at a morning concert of Schuppanzigh's in the Prater, and thusexcepting once accompanying a song-he took leave of the public as a pianist.

"Gute Nachricht" was first played also on the evening of Monday, April 11; for the news of the triumphal entry of the allied armies (March 31), as Moscheles records in his diary, reached Vienna the day before. It was repeated on the 12th, 14th, 17th,

BEETHOVEN QUARRELS WITH MÄLZEL

271

24th and May 3rd, in the Kärnthnerthor-Theater, and on June 11th and 14th in the Burg.

Meantime an event had occurred, the effect of which on Beethoven is nowhere indicated; but let us hope and believe that it, for the moment, unfitted him for labor-Prince Carl Lichnowsky, his old friend and protector, died April 15. It is gratifying that the last notice of him in our work is that touching reminiscence by Schindler, which proves that time had neither cooled nor diminished the warm affection that he had conceived twenty years before for the young Bonn pianist.

The following note to Zmeskall was written about this time:

Dear Z.: I am not going on the journey, at least I am not going to hurry-the matter must be pondered more carefully-meanwhile the work has already been sent to the Prince Regent:-If I am wanted I can be had, and then liberty remains with me to say yes or no. Liberty!!! What more do I want? ??

I should like to consult with you about how to settle myself in my lodging.

This new lodging, for which Beethoven now left the Pasqualati house, was in the 1st storey of the Bartenstein house, also on the Mölker Bastei (No. 96); so that he still remained in the immediate vicinity of his friends, Princess Christine Lichnowsky and the Erdödys.

The other matters mentioned in the note call our attention again to Mälzel, who, notwithstanding his bitter disappointment at the turn which his affairs with Beethoven had taken, had still lingered in Vienna several weeks in the hope of making some kind of amicable arrangement with him. As his side of the story was never made public, there is little to add to the information on the subject contained in the papers of Beethoven, preserved by Schindler. From them these facts appear; that Beethoven repaid the fifty ducats of borrowed money; that Mälzel and he had several interviews at the office of the lawyer, Dr. Adlersburg, which had for their subject the "Battle of Vittoria" and the journey to England; that he made various propositions which Beethoven would not accept "to get the work, or at least the right of first performance for himself," and the like; that, incensed by the conduct of the composer and hopeless of benefit from any farther consultation, he did not appear at the last one appointed; and that he obtained by stealth so many of the single parts of the "Battle" as to be enabled therefrom to have a pretty correct score of the work written out, with which he departed to Munich and there produced it in two concerts on the 16th and 17th of March.

When this became known in Vienna1 Beethoven's wrath was excited and, instead of treating the matter with contemptuous silence, or at most making an appeal to the public in the newspapers, he committed the absurdity of instituting a lawsuit against a man already far on his way to the other extremity of Europe, at the same time in all haste preparing a copy of the "Battle" and sending it to the Prince Regent of England, that at least he might prevent Mälzel from producing it there as a novelty. It was a costly and utterly useless precaution; for, on the one hand, Mälzel found in London no inducement to attempt orchestral concerts, and on the other, the score sent by Beethoven lay buried in the library of the Prince, who neither then nor ever took the slightest notice of it (except to permit its performance, as we shall presently see) or made any acknowledgment to the composer.

Casting aside all extraneous matter contained in Beethoven's documents, the real question at issue is very clear. The two leading facts-one of which is admitted by implication, and the other explicitly stated by Beethoven himself-are already known to the reader: First, that the plan of the work was Mälzel's; second, that the composer wrought it out for the Panharmonicon gratis. In this form, therefore, the composition beyond all doubt was Mälzel's property. There was, therefore, but one point to be decided: Did the arrangement of the work for orchestra at Mälzel's suggestion and request, transfer the proprietorship? If it did, Beethoven had a basis for his suit; if it did not, he had none. This question was never decided; for after the process had lingered through several years, the two men met, made peace, Beethoven withdrew his complaint, and each paid the half of all expenses that had been incurred!2

Battle

Vettore

"In April, 1814, Beethoven received from Munich news of the performance of the Battle Symphony in that city by Mälzel, and also a report that the latter had said that he had to recompense himself with this work for a debt of 400 ducats which Beethoven owed him." Schindler I, 3rd ed., p. 236.

"The documents in the controversy between Beethoven and Mälzel alluded to, together with Mr. Thayer's comments on them, are appended in this foot-note to prevent a too long interruption of the biographical narrative:

DEPOSITION

Of my own volition I had composed a Battle Symphony for Mälzel for his Panharmonica without pay. After he had had it for a while he brought me the score, the engraving of which he had already begun-[Beethoven probably meant that Mälzel had begun the preparation of the cylinder-H.E.K.] and wanted it arranged for full orchestra. I had previously formed the idea of a Battle (Music) which, however, was not applicable to his Panharmonica. We agreed to perform this work and others of mine in a concert for the benefit of the soldiers. Meanwhile I got into the most terrible financial embarrassment. Deserted by the whole world here in Vienna, in expectation of a bill of exchange, etc., Mälzel offered me 50 ducats in gold. I took them and told him that I would give them back to him here, or would let him take the work with him to

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Thus had been caused a new interruption of the work on "Fidelio."

"The beneficiaries," says Treitschke, “urged its completion to take advantage of the favorable season; but Beethoven made slow progress. To one of the poet's notes urging haste, Beethoven wrote, probably in April:

The damned Academy, which I was compelled to give partly by my bad circumstances, has set me back so far as the opera is concerned. London in case I did not go with him-in which latter case I would refer him to an English publisher who would pay him these 50 ducats. The Academies were now given. In the meantime Mälzel's plan and character were developed. Without my consent he printed on the placards that it was his property. Incensed at this he had to have these torn down. Now he printed: "Out of friendship for his journey to London"; to this I consented, because I thought that I was still at liberty to fix the conditions on which I would let him have the work. I remember that I quarrelled violently with him while the notices were printing, but the too short time I was still writing on the work. In the heat of my inspiration, immersed in my work, I scarcely thought of Mälzel. Immediately after the first Academy in the University Hall, I was told on all hands by trustworthy persons that Mälzel was spreading it broadcast that he had loaned me 400 ducats in gold. I thereupon had the following printed in the newspaper, but the newspaper writers did not print it as Mälzel is befriended with all of them. Immediately after the first Academy I gave back to Mälzel his 50 ducats, telling him that having learned his character here, I would never travel with him, righteously enraged because he had printed on the placards, without my consent, that all the arrangements for the Academy were badly made and his bad patriotic character showed itself in the following expressions-I [unprintable]—if only they will say in London that the public here paid 10 florins; not for the wounded but for this did I do this-and also that I would not let him have the work for London except on conditions concerning which I would let him know. He now asserted that it was a gift of friendship and had this expression printed in the newspaper without asking me about it in the least. Inasmuch as Mälzel is a coarse fellow, entirely without education, or culture, it may easily be imagined how he conducted himself toward me during this period and increased my anger more and more. And who would force a gift of friendship upon such a fellow? I was now offered an opportunity to send the work to the Prince Regent. It was now impossible to give him the work unconditionally. He then came to you and made proposals. He was told on what day to come for his answer; but he did not come, went away and performed the work in Munich. How did he get it? Theft was impossible-Herr Mälzel had a few of the parts at home for a few days and from these he had the whole put together by some musical handicraftsman, and with this he is now trading around in the world. Herr Mälzel promised me hearing machines. To encourage him I composed the Victory Symphony for his Panharmonica. His machines were finally finished, but were useless for me. For this small trouble Herr Mälzel thinks that after I had set the Victory Symphony for grand orchestra and composed the Battle for it, I ought to have him the sole owner of this work. Now, assuming that I really felt under some obligation for the hearing machines, it is cancelled by the fact that he made at least 500 florins convention coin, out of the Battle stolen from me or compiled in a mutilated manner. He has therefore paid himself. He had the audacity to say here that he had the Battle; indeed he showed it in writing to several persons-but I did not believe it, and I was right, inasmuch as the whole was not compiled by me but by another. Moreover, the honor which he credits to himself alone might be a reward. I was not mentioned at all by the Court War Council, and yet everything in the two academies was of my composition. If, as he said, Herr Mälzel delayed his journey to London because of the Battle, it was merely a hoax. Herr Mälzel remained until he had finished his patchwork (?), the first attempts not being successful.

II.

Beethoven, m. p.

EXPLANATION AND APPEAL TO THE MUSICIANS OF LONDON

BY LUDWIG VAN BEETHOVEN

Herr Mälzel, who is at present in London, on his way thither performed my Victory Symphony and Wellington's Battle at Vittoria in Munich, and, according to