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Chapter I

The Contest for the Guardianship of Nephew_Karl-The Conversation Books-A Wedding Song-In Travail with the Mass-The Year 1819.

T

HE key-note for much that must occupy us in a survey of the year 1819 is sounded by A New Year's Greeting to Archduke Rudolph. Beethoven invokes all manner of blessings on the head of his pupil and patron and, begging a continuance of gracious benevolences for himself, sets forth a picture of his unhappy plight.

A terrible occurrence has recently taken place in my family affairs which for a time robbed me of all my reasoning powers; and to this must be charged the circumstance that I have not called upon Y. R. H. in person nor made mention of the masterly Variations of my highly honored and exalted pupil, the favorite of the Muses. I do not dare to express either by word of mouth or in writing my thanks for the surprise and favor with which I have been honored, inasmuch as I occupy much too humble a position, nor dare I, much as I would like and ardently as I long to do so, requite like with like.

A little boy of eleven years runs away from his uncle to his indulgent mother whom he, for months at a time, has not been allowed to see, although both live within the same city limits. What else could be expected than that this should now and then occur? What should be thought of the child's heart if it did not? And when it did, who but Beethoven would have felt more than a passing disturbance of his equanimity at an offense so natural under the circumstances? But to him it was a "terrible occurrence" which for a space robbed him of his reason. No one of ordinary sensibilities can read the story without strong feelings of compassion for him—not that the boy's freak was in any sense in itself a grievous misfortune, but because the uncle's sufferings occasioned by it were so real and intense.

There is no reason to doubt the mother's assertion that she sent the child back through the intervention of the police, for this was clearly her best policy, more especially because she and her

advisers found in the incident a wished-for occasion to renew her petition to have her son admitted into the R. I. Convict. It was this petition, enforced by Hotschevar's long paper and its accompanying documents, which had led to the question of Beethoven's right to have his case tried by the tribunal of the nobility, and the negative decision which transferred the whole matter to the City Magistracy. At this point a few official data are wanting, and the suspension of Beethoven from the guardianship of his nephew can only be stated as having been determined by the magistrates immediately after the beginning of the new year, and that, in consequence of this, the boy was for a few weeks with his mother. On January 10, Fanny Giannatasio writes in her diary: "What Müller tells me about Beethoven pains me deeply. The wicked woman has finally succeeded in triumphing over him. He has been removed from the guardianship1 and the wicked son returns to the source of his wickedness. I can imagine Beethoven's grief. It is said that since yesterday he has been entirely alone and eats apart from the others. He ought to know that Karl is glad to be with his mother; it would ease the pain of the separation."

On January 7 the magistrates summoned Beethoven (who still lived in the Gärtnergasse), the boy, the mother, Hotschevar and the curator, Dr. Schönauer, to appear before them on January 11. Of what action was taken that day there is no record, but Hotschevar's attack brought out a vigorous defense in the shape of a letter sent by Beethoven to the Magistracy,' in which he maintained the superiority of the educational plan which he was pursuing over that which had been proposed by the mother, proclaimed the magnanimity and virtuousness of all his acts and discharged a broadside of accusation and insinuation against Madame van Beethoven and the priest who had come to her help. We can make room for only a few passages:

His exceptional capacity, and partly also his peculiarities, call for exceptional measures; and I never did a more beneficial or magnanimous act than when I took my nephew to myself and personally assumed charge of his education. Seeing that (according to Plutarch) a Philip did not think it beneath his dignity to direct the education of his son Alexander and give him the great Aristotle for a teacher because he did not consider the ordinary teachers suitable, and a Laudon looked after the education of his son himself, why should not such beautiful and

'He had not been removed, but only temporarily suspended; he retained the supervision of the boy's education and at a later period voluntarily resigned the guardianship for a time.

See Kalischer-Shedlock, Vol. II, p. 124 et seq. The letter was dated erroneously February 1, 1818, instead of 1819.

BEETHOVEN'S APPEAL TO THE MAGISTRACY

3

sublime examples be followed by others? Already during his lifetime his father entrusted my nephew to me and I confess that I feel myself better fitted than anybody else to incite my nephew to virtue and industry by my own example.

Had the mother been able to subdue her wicked disposition and permitted my plans to take their quiet development a very favorable result would have followed; but when a mother of this sort seeks to involve her child in the secrets of her own vulgar and evil surroundings, and in his tender years (a plague for children! ! !) leads him astray to deception, to bribery of my servants, to untruthfulness, by laughing at him when he tells the truth, yes, even giving him money to awaken in him lusts and desires which are harmful, tells him that things are trifles which in me and others would be accounted grave faults, the already difficult task becomes more difficult and dangerous.

Gifts of fortune may be acquired; morality must be implanted early, particularly when a child has had the misfortune to suck in such mother's milk, was in her care for several years, was put to thoroughly bad uses, even had to help deceive his father. Furthermore he will inherit from me and even now I could leave him enough to keep him from want while continuing his studies until he should receive an appointment. We need only quiet and no more interference from the mother, and the beautiful goal which I have set will be attained.

Ought I now to reply to the intrigues of a Mr. Courtscrivener Hotschowa [Hotschevar] against me, or to the priest of Mödling, who is despised by his congregation, who is suspected of being guilty of illicit intercourse, who lays his pupils military fashion on a form to be thrashed and could not forgive me because I kept watch on him and would not permit my nephew to be caned like a brute-ought I? No; the association of these men with Madame van Beethoven bears witness against them both, and only such could make common cause with Madame van Beethoven against me.

Beethoven accompanied this address with a private letter presumably to Dr. Tschiska (or Tschischka), an official of the Magistracy, in which he said:

I am not a guardian from self-interest, but I want to rear a new monument to myself in my nephew. I do not need my nephew, but he needs me. Gossip, calumny, are beneath the dignity of a man who is raising himself up! What is to be done when they even touch the laundry!?!? I might be very sensitive, but the just man must be able to endure injustice without departing an iota from the right. In this sense I shall endure every trial, nothing shall shake my resolution. A great responsibility would be incurred were my nephew to be wholly withdrawn from me; moral and even political consequences would follow to him. I commend him to you and appeal to your heart for his welfare. My actions must commend me for his sake, not mine.

We do not know the particulars, but for the present Beethoven retained the right to look after the further education of the boy; the right, at least, was not judicially taken away from him or given

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