The cantata which I wanted to give robbed me of 5 or 6 days. Now, of course, everything must be done at once and I could write something new more quickly than add new things to old-I am accustomed in writing, even in my instrumental music-to keep the whole in view, but here my whole. has-in a manner been distributed everywhere and I have got to think myself back into my work ever and anonit is not likely that it will be possible to give the opera in a fortnight, I think that it will be 4 weeks. Meanwhile the first act will be finished in a few days-but there remains much to do in the 2nd Act, and also a new overture, which will report, will also give concert performances of it in London as he was also willing to do in Frankfort. This leads me publicly to declare: that I never under any circumstances yielded or gave these works to Herr Mälzel, that nobody possesses a copy of them, and that the only one which I gave out was sent to his Royal Highness, the Prince Regent of England. The performance of these works on the part of Herrn Mälzel, therefore, is a fraud on the public, inasmuch as according to this explanation he is not in possession of them, or if he is in possession of them an infringement on my rights, as he has obtained them in an illegal manner. But even in the latter case the public will be deceived, for that which Herr Mälzel will give them to hear under the title: Wellington's Battle at Vittoria and Victory Symphony, must obviously be a spurious or mutilated work, since he never received anything of these works from me except a single part for a few days. This suspicion becomes certainty when I add the assurance of musicians of this city whose names I am empowered to mention in case of necessity, that Herr Mälzel said to them on leaving Vienna that he was in possession of the work and showed them parts of it, which, however, as I have already proved, could be nothing else than mutilated and spurious parts. Whether Herr Mälzel is capable of doing me such an injury?-is answered by the circumstance that he had himself announced as the sole undertaker of my two concerts given here in Vienna for the benefit of the soldiers wounded in the war, at which only works of mine were performed, in the public prints, without an allusion to my name. I therefore call upon the musical artists of London not to suffer such an injury to me, their colleague, by a performance arranged by Herrn Mälzel of the Battle of Vittoria and the Victory Symphony, and to prevent such an imposition on the London public in the manner set forth. Vienna, July 25, 1814. III. We, the undersigned, certify in the interest of truth and can vouch under oath if necessary: that there were several conferences between Herrn Louis van Beethoven and the Court Mechanician, Herrn Mälzel of this city, at the house of the undersigned, Dr. Carl v. Adlersburg, the which had for their subject the musical composition called: "The Battle of Vittoria" and the visit to England; at these, Herr Mälzel made several propositions to Herrn van Beethoven to secure the work aforementioned, or at least the right of first performance for himself. But as Herr Mälzel did not appear at the last meeting arranged for, nothing came of the matter, the propositions made to the former not having been accepted by him. Vienna, October 20, 1814. [L. S.] [L. S.] Joh. Freiherr v. Pasqualati, The so-called "Deposition" is, says Thayer, in truth, nothing more than an ex-parte statement prepared for the use of his lawyer by a very angry man, in whom a tendency to suspicion and jealousy had strengthened with advancing years and with THE MERITS OF MÄLZEL'S CASE 275 be the easiest because I can compose it entirely new. Before my Academy a few things only were sketched here and there, in the first as well as the second act, it was not until a few days ago that I could begin to write the matters out. The score of the opera is as frightfully written as any that ever I saw, I had to look through note after note (it is probably a pilfered one) in short I assure you, dear T. the opera will secure for me the crown of martyrdom, if you had not given yourself so much pains with it and revised everything so successfully, for which I shall be eternally grateful to you, I could scarcely be able to force myself (to do the work). You have thereby saved some good remainders of a stranded ship. the increase of an incurable infirmity. Mälzel's contra-statement to his lawyer is lost. He had no young disciple planning with zeal to preserve it and give it, with his version of the story, to posterity. No one, who is ignorant of Schindler's honestly meant, but partisan representations, or who, knowing them, can disabuse his mind of any prejudgment thence arising, can read Beethoven's statement without misgivings; all the more, if the facts proved by Moscheles and Stein-tacitly admitted, though utterly suppressed, in the document -are known to him. Nor will he be convinced by all the force of the harsh language of denunciation, that Mälzel did not act honestly and in good faith, when he called the "Victory" his property. There is nothing in the first part of the statement that requires comment; though in passing it may be observed, that the pathos of "deserted by the whole world here in Vienna" would be increased if one could forget the Archduke, the Brentanos, the Streichers, Breitkopf and Härtel, Zmeskall, and others. It must be borne in mind (in Beethoven's favor) that the paper was written several months after the events of which it speaks; that it was drawn up at a time when its writer was excessively busy; that it bears all the marks of haste and want of reflection; that it was obviously intended for his lawyer's eye alone; that there is evident confusion of memory as to times and events; and that-be it repeated-it is the ex-parte statement of an angry man. Take the "400 ducats in gold"; here Beethoven's memory must have played him false, certainly as to the time, probably as to the substance of what he heard from the "trustworthy persons." Mälzel could have had no possible motive to utter so glaring a falsehood; but every motive not to do so. A few weeks later, he might and very probably did assert, that the damages to him arising from the sacrifice of the "Victory" as a piece for his Panharmonicon, from the expense of his prolonged stay in Vienna, from the loss of the holiday season in Munich, from the time, study and labor spent in experiments on Beethoven's ear-trumpets, and from his exclusion from all share in these profitable concerts, which he alone had made possible-that these damages were not less than 400 ducats. Nor does such an estimate appear to be a gross exaggeration. "I therefore had the following printed in the newspaper," continues Beethoven. If the passage which follows be what he desired to have printed, the reasons why the editors refused are sufficiently obvious; if they had cherished no regard for Mälzel and had believed him in the wrong, they must have suppressed such a communication for Beethoven's own sake. The character of Mälzel-drawn in a few dark lines by his opponent-has no bearing on the real point at issue; it may, however, be observed as remarkable, that Beethoven alone made the discovery, and this not until-after some years of close intimacy and friendship—he had quarrelled with him. There are not many, who having so sagaciously planted and seen the harvest gathered in by another—who, smarting under the disappointment, and irritated by the loss of so much time, pains and labor-would sit down quietly, exhibit Job's patience, and refrain from all expressions of feeling not suited to a lady's boudoir; nor is it to be supposed that Mälzel acted this Christian part; but then Beethoven was hardly the man to cast the first stone at the sinner. The sudden resolution to send the "Wellington's Victory" to the Prince Regent of England, was obviously part and parcel of the proceedings against Mälzel, the object being to defeat there any production of the work by him. Beethoven himself was the only loser by it. The prince never said "thank you" for it. In the argument against the correctness of Mälzel's copy of the work, Beethoven is, to say the least, unfortunate. His opponent may have had, from him, only single parts (in the second paper it stands "a single part"!); but the circumstances were such If you think that the delay with the opera will be too long, postpone it till some future time, I shall go ahead now until everything is ended, and just like you have changed and improved it, which I see more and more clearly every moment, but it cannot go so fast as if I were composing something new-and in 14 days that is impossible-do as you think best, but as a friend of mine, there is no want of zeal on my part. Your Beethoven. The repetitions of the "Gute Nachricht" came to a conclusion with the performance in the Kärnthnerthor-Theater on that Mälzel could have had no difficulty in obtaining temporary use of most if not all the parts, and there were plenty of "musical handicraftsmen" amply capable, after so many rehearsals and public performances, of producing a copy in the main correct. It is painful to one who loves and reveres the memory of Beethoven, to peruse the closing passages of this document; it is, fortunately, not necessary to comment upon their character. It was not necessary for Beethoven to speak of Mälzel's share in the composition of the work, in the first of these papers; the opposing lawyer would_attend to that; but was it just and ingenuous to suppress it entirely in the appeal to the London musicians? Schindler asserts that this appeal prevented Mälzel from producing it. It could have had no such effect. The simple truth is, that in those days for a stranger like Mälzel to undertake orchestral concerts in London would have been madness. The new Philharmonic Society, composed of all the best resident musicians, had hardly achieved an assured existence. The third paper is testimony to a single fact and is so impartially drawn, so skilfully worded, as not to afford a point for or against either of the parties. Schindler closes his history of the affair thus: "The legal proceedings in Vienna were without result, however, the defendant being far away and his representatives knowing how to protract the case unduly, whereby the plaintiff was subjected to considerable expense and ever new annoyances. For this reason our master refrained from prosecuting the case further, since meanwhile the facts had become widely known and had frightened the false friend from making new attempts. The court costs were divided evenly by the litigants. Mälzel never returned to Vienna, but at a later period appealed in a letter to the friend whom he had swindled when he thought that he needed his recommendation for the metronome. This letter, dated Paris, April 19, 1818, is here. In it he represents to Beethoven that he was at work for him upon a hearing machine for use in conducting; he even invites him to accompany him on a journey to England. The master expressed his satisfaction with the metronome to the mechanician; but he never heard more concerning the machines." Now Schindler's own account of the first two occasions when he spoke with Beethoven, copied into the text, partly with a view to this, shows that he could have no personal knowledge of the Mälzel affair, except its issue; and an examination of his pages proves further, that his account of it is but a paraphrase of Beethoven's statement. His own words, written in a Conversation Book, demonstrate that the greater portion of the above citation is nonsense; for those words inform us that Mälzel returned to Vienna in the autumn of 1817; that, then and there, peace was made between the parties, and the old friendship restored; and that thereupon they passed a jovial evening together in the "Kamehl," where Schindler himself sang soprano in the "Ta, ta, ta," canon to the bass of Mälzel! What is the historic value of a narrative so made up and ending with such an astounding lapse of memory? Mälzel spent his last years mostly in Philadelphia and other American cities. A few men of advanced years are still living there, unless recently passed away-(Thayer is writing in the eighth decade of the nineteenth century)—who retain an affectionate and respectful memory of him as a gentleman and man of culture; they will rejoice in this, at the least, partial vindication of their old friend. Candor and justice compel the painful admission that Beethoven's course with Mälzel is a blot-one of the fewupon his character, which no amount of misrepresentation of the facts can wholly efface; whoever can convince himself that the composer's conduct was legally and technically just and right, must still feel that it was neither noble nor generous. Mälzel died suddenly on July 21, 1838, on an American brig, while on a voyage between the United States and the West Indies. REHEARSALS FOR THE REVISED "FIDELIO" 277 May 3, and the beneficiaries became more and more impatient. Hence, Treitschke wrote again to Beethoven, asked him what use was to be made of the chorus "Germania," and urged him to make haste with the work on "Fidelio." Notwithstanding so much was wanting, the rehearsals had begun in the middle of April, and the performance was now fixed for the 23rd of May. Beethoven's memorandum of his revisal of the opera reads: "The opera Fidelio [?] March to 15th of May, newly written and improved." May 15th was Sunday, the "Tuesday" of his answer to Treitschke was therefore the 17th, and the date, doubtless, about the 14th: Your satisfaction with the chorus delights me infinitely. I was of the opinion that you ought to apply all the works to your profit and therefore mine also, but if you do not want to do this I should like to have you sell it outright for the benefit of the poor. Your copyists [illegible] and Wranitzky were here yesterday about the matter, I told them, most worthy man, that you were entire master in the affair. For this reason I await now your frank opinion— your copyist is an ass!-but he is completely lacking in the well-known splendid Eselshaut-therefore my copyist has undertaken the work of copying, and by Tuesday little will remain to be done, and my copyist will bring everything to the rehearsal. As for the rest the whole matter of the opera is the most wearisome thing in the world, and I am dissatisfied with most of it-and-there is hardly a piece in it to which in my present state of dissatisfaction I ought not to have patched on some satisfaction. That is the great difference between being able to surrender to free reflection or enthusiasm. Wholly your Beethoven. “The final rehearsal," says Treitschke, "was on May 22d, but the promised new overture was still in the pen of the creator." It was then, on the 20th or 21st, that Beethoven dined with his friend Bertolini in the Römischer Kaiser. After dinner he took a bill of fare, drew lines on the blank side and began to write. "Come, let us go," said Bertolini; "No, wait a little; I have the idea for my overture," replied Beethoven, who remained and finished his sketches then and there. Treitschke continues: The orchestra was called to rehearsal on the morning of the performance. B. did not come. After waiting a long time we drove to his lodgings to bring him, but he lay in bed, sleeping soundly, beside him stood a goblet with wine and a biscuit in it, the sheets of the overture were scattered on the bed and floor. A burnt-out candle showed that he had worked far into the night. The impossibility of completing the overture was plain; for this occasion his overture to "Prometheus" [?] 1Eselshaut-"Ass's Skin."-A fairy play of that name with music by Hummel was performed on March 10, 1814, in the Theater-an-der-Wien. was taken and the announcement that because of obstacles which had presented themselves the new overture would have to be dispensed with to-day, enabled the numerous audience to guess the sufficient reason. Schindler says an overture to "Leonore," Seyfried the overture to "The Ruins of Athens," was played on this occasion. The "Sammler" in its contemporary notice confirms Seyfried: "The overture played at the first performance does not belong to the opera and was originally written for the opening of the theatre at Pesth." In 1823, Beethoven in conversation happened to speak of this substitution and remarked: "The people applauded, but I stood ashamed; it did not belong to the rest." In the manuscript book of the text prepared for use in the theatre on this occasion, one is surprised to see the title begun thus: "LEONORE, FIDELIO An Opera in Two Acts, etc." "Fidelio" written at The word "Leonore" is crossed out and the side in red pencil afterwards inked over. the part of some one-whom?-an intention subsequently abandoned, of thus changing the title. Again, in the list of "properties," stands Madame Hönig was a new soprano, engaged after the "Hoftheater-Taschenbuch" for 1814 had been printed, whose name appears in that for 1815. Though appointed to the part when this text-book was copied, she gave place before the day of performance to the original Fidelio, Mme. Milder-Hauptmann. The opera was capitally prepared (says Treitschke), Beethoven conducted, his ardor often rushed him out of time, but Chapelmaster |