Chapter L: Van Beethoven

281.

PETITION TO THE MAGISTRACY.[1]

Oct. 30, 1819.

GENTLEMEN,--

My brother, Carl van Beethoven, died on November 5, 1815, leaving a boy twelve years old,--his son Carl. In his will, by clause 5, he bequeathed to me the guardianship of the boy, and in the codicil B he expressed a wish that his widow, Johanna, should have a share in this duty, adding that, for the sake of his child, he recommended her to submit to my guidance. This explicit declaration of the father, added to my legal claim, I being the nearest relative (clause 198), entitles me clearly to the guardianship of my nephew, Carl van Beethoven; and the Court of Justice, by their Decree E, committed to me, under existing circumstances, the guardianship, to the exclusion moreover of Beethoven's widow. A journey on business having compelled me to be for some time absent, I did not object to an official guardian supplying my place for the time, which was effected by the nomination of the Town Sequestrator, Herr Nussböck.

Being now, however, finally settled here, and the welfare of the boy very precious to me, both love and duty demand that I should resume my rights; especially as this talented lad is coming to an age when greater care and expense must be bestowed on his education, on which his whole future prospects depend. This duty ought not to be confided to any woman, far less to his mother, who possesses neither the will nor the power to adopt those measures indispensable to a manly and suitable education.

I am the more anxious to reclaim my guardianship of Carl, as I understand that, in consequence of want of means to defray the expenses of the school where I placed him, he is to be removed, and his mother wishes him to live with her, in order herself to spend his trifling provision, and thus save the one half of her pension, which, according to the decree, she is bound to apply to his use.

I have hitherto taken a paternal charge of my nephew, and I intend to do the same in future at my own expense, being resolved that the hopes of his deceased father, and the expectations I have formed for this clever boy, shall be fulfilled by his becoming an able man and a good citizen.

With this view I accordingly request that the highly respected magistrates whom I now address will be pleased to annul the Town Sequestrator Nussböck's interim office, and forthwith transfer to me the sole guardianship of my nephew Carl van Beethoven.[2]

LUDWIG VAN BEETHOVEN.

[Footnote 1: Evidently drawn up by his advocate, Dr. Bach, from Beethoven's notes.]

[Footnote 2: The magisterial decree of Nov. 4, 1819, was adverse to Beethoven.]

282.

TO F. RIES,--LONDON.

Vienna, Nov. 10, 1819.

DEAR RIES,--

I write to let you know that the Sonata is already out, though only a fortnight ago, and it is nearly six months since I sent you both the Quintet and the Sonata. In the course of a few days I will send them both to you engraved, and from them you can correct the two works.

Having received no letter from you on the subject, I thought the thing was at an end. I have indeed made shipwreck already with Neate this year! I only wish you could contrive to get me the fifty ducats which I have yet to receive, as I calculated on them, and really am in great want of money. I shall say no more to-day, but must inform you that I have nearly completed a _new Grand Mass_. Write to me whether you could do anything with this in London; but soon, very soon, and send the money soon also for both works. I will write more fully next time. In haste,

Your true and faithful friend,

BEETHOVEN.

283.

TO THE ARCHDUKE RUDOLPH.

Dec. 14, 1819.

Immediately on last leaving Y.R.H. I was taken ill, of which I apprised Y.R.H., but owing to a change in my household, neither the letter in question nor another to Y.R.H. was ever sent. In it I begged Y.R.H.'s indulgence, having some works on hand that I was obliged to dispatch with all speed, owing to which I was, alas! compelled to lay aside the Mass also.[1] I hope Y.R.H. will ascribe the delay solely to the pressure of circumstances. This is not the time to enter fully into the subject, but I must do so as soon as the right moment arrives, that Y.R.H. may not form too severe or undeserved a judgment of me. My heart is always with Y.R.H., and I trust at length circumstances may in so far change, that I may be able to contribute more than I have hitherto done, to perfecting your great talent. I think, however, Y.R.H. is already aware of my good-will in this respect, and is fully convinced that insurmountable obstacles alone can ever detain me from the most excellent of all princes, so revered by me, and so entwined with every feeling of my heart. I did not till yesterday hear of the mistake about the two letters, and I now intend to bring them myself, for I have no one in my service on whom I can depend. I will present myself at your house this afternoon at half-past four o'clock. My warmest thanks for Y.R.H.'s kind letter to me. When Y.R.H. thus vouchsafes to declare your esteem for me, it only heightens and increases my impulse to all that is good.

[Footnote 1: Another allusion to the Grand Mass in D, which seemed likely never to be completed.]

284.

MEMORANDUM.

1822.

The Mass[1] will soon be all in Y.R.H.'s hands; it ought to have been, and would have been so long ago, but--but--but--when Y.R.H. becomes acquainted with my circumstances, you will be surprised that I have even now been able to finish it.

[K.]

[Footnote 1: The circumstances which prevented the completion of this work were undoubtedly his perpetual state of strife with his nephew and his sister-in-law.]

285.

TO THE ARCHDUKE RUDOLPH.

I heard with heartfelt sorrow of Y.R.H.'s indisposition, but hope soon to hear of your recovery. Why am I also ill? for I might possibly discover the best mode of restoring Y.R.H. I will call again to inquire after Y.R.H., and hope to hear good news.

[K.]

286.

TO THE ARCHDUKE RUDOLPH.

I have been rather an invalid all this time, though I try to think myself tolerably well. I deeply regret to hear of Y.R.H.'s attack, especially as I knew nothing of it, or I certainly should have hastened to inquire whether it was in my power in any way to alleviate your sufferings. To-morrow, in compliance with Y.R.H.'s wish, I shall certainly enjoy the pleasure of seeing my own most dear and illustrious master.

[K.]

287.

TO THE ROYAL AND IMPERIAL HIGH COURT OF APPEAL.

Jan. 7, 1820.

GENTLEMEN,--

On the plea of the Decree A, I sought to have transferred to myself the guardianship of my nephew, Carl v. Beethoven, but was referred by the magistracy to the previous decision. On my consequent remonstrance the same result ensued.

I find myself the more aggrieved by this, inasmuch as not only are my own rights set at naught, but even the welfare of my nephew is thus utterly disregarded. I am therefore compelled to have recourse to the highest Court of Appeal to lay before them my well-founded claim, and rightfully to demand that the guardianship of my nephew should be restored to me.

My reasons are the following:--

1st. I am entitled to the guardianship of my nephew, not only by his father's will, but by law, and this the Court of Justice confirmed to the exclusion of the mother. When business called me away from Vienna, I conceded that Herr Nussböck should act for me _ad interim_. Having now, however, taken up my residence here, the welfare of my nephew demands that I should again undertake the office of his guardian.

2d. My nephew has arrived at an age when he requires to be trained to a higher degree of cultivation. Neither his mother nor his present guardian are calculated to guide the boy in the pursuit of his studies. The former, in the first place, because she is a woman; and as to her conduct, it has been legally proved that, to say the least of it, she has no creditable testimonials to bring forward,[1] on which account she was expressly prohibited from acting by the Court of Justice. How the Honorable Magistracy could nevertheless again appoint her is quite incomprehensible. The latter is unfit; because, on the one hand, his office as sequestrator and administrator of houses and lands, occupies his time too much to enable him properly to undertake the duties of guardian to the boy; and, on the other, because his previous occupation as a paper manufacturer, does not inspire me with any confidence that he possesses the intelligence or judgment indispensable to conduct a scientific education.

3d. The welfare of my nephew is dearer to my heart than it can be to any one else. I am myself childless, and have no relations except this boy, who is full of talent, and I have good grounds to hope the best for him, if properly trained. Now I am compelled to hear that he has been delayed a whole year by remaining in his previous class, from want of means to defray the expense, and that his mother intends to remove him from his present school, and wishes him to live with her. What a misfortune to the boy, were he to become a victim to the mismanagement of his mother, who would fain squander on herself that portion of her pension which she is obliged to devote to the education of her son!

I have therefore declared in due form to the Honorable Magistracy that I am myself willing to undertake the expenses of his present school, and also to provide the various masters required. Being rather deaf, which is an impediment to conversation, I have requested the aid of a colleague, and suggested for this purpose Herr Peters, Councillor of Prince Lobkowitz, in order that a person may forthwith be appointed to superintend the education and progress of my nephew, that his moral character may one day command esteem, and whose acquirements may be a sure guaranty to all those who feel an interest in the youth's welfare, that he will undoubtedly receive the education and culture necessary to develop his abilities.

My efforts and wishes have no other aim than to give the boy the best possible education,--his abilities justifying the brightest hopes,--and to fulfil the trust placed in my brotherly love by his father. The shoot is still flexible; but if longer neglected it will become crooked, and outgrow the gardener's training hand, and upright bearing, intellect, and character, be destroyed forever.

I know no duty more sacred than the education and training of a child. The chief duties of a guardian consist in knowing how to appreciate what is good, and in adopting a right course; then alone has proper attention been devoted to the welfare of his ward, whereas in opposing what is good he neglects his duty.

Indeed, keeping in view what is most for the benefit of the boy, I do not object to the mother in so far sharing in the duties of a guardian that she may visit her son, and see him, and be apprised of all the measures adopted for his education; but to intrust her with the sole guardianship of the boy without a strict guardian by her side, would cause the irrevocable ruin of her son.

On these cogent grounds I reiterate my well-founded solicitation, and feel the more confident of a favorable answer, as the welfare of my nephew alone guides my steps in this affair.[2]

LUDWIG VAN BEETHOVEN.

[Footnote 1: Schindler states that during these law proceedings the widow of Beethoven's brother had another child.]

[Footnote 2: The Court excluded Carl's mother from all share in his education, and from all direct influence over her son, and again restored to Beethoven the full authority of a guardian.]

288.

TO HIS HIGHNESS THE ARCHDUKE RUDOLPH.

[Music: Treble clef, C major. Seiner Kaiserlichen Hoheit! Dem Erzherzog Rudolph! Dem geistlichen Fürsten! Alles Gute! alles Schöne! alles Gute! alles Schöne! alles alles Gute, alles alles Schöne! alles Gute! alles Schöne! alles Gute, alles Schöne! alles alles Gute, alles Schöne! alles Gute, alles Schöne! alles Gute, alles Schöne!]

From your obedient servant,