Volume 1 — FIRST PART. LIFE'S JOYS AND SORROWS. 1783 TO 1815. (continued 3)

[K.]

135. TO THE ARCHDUKE RUDOLPH.

1814.

My warmest thanks for your present.^[1] I only regret that you could not participate in the music. I have now the honor to send you the score of the Cantata [see No. 134]. Y.R.H. can keep it for some days, and afterwards I shall take care that it is copied for you as soon as possible.

I feel still quite exhausted from fatigue and worry, pleasure and delight!--all combined! I shall have the honor of waiting on you in the course of a few days. I hope to hear favorable accounts of Y.R.H.'s health. How gladly would I sacrifice many nights, were it in my power to restore you entirely!

[K.]

136. TO THE ARCHDUKE RUDOLPH.

1814.^[1]

I see with real pleasure that I may dismiss all fears for your well-being. As for myself, I hope (always feeling happy when able to give you any pleasure) that my health is also rapidly recruiting, when I intend forthwith to compensate both you and myself for the pauses that have occurred. As for Prince Lobkowitz, his pauses with me still continue, and I fear he will never again come in at the right place; and in Prague (good heavens! with regard to Prince Kinsky's affair) they scarcely as yet know what a figured bass is, for they sing in slow, long-drawn choral notes; some of these sustained through sixteen bars |======|. As all these discords seem likely to be very slowly resolved, it is best to bring forward only those which we can ourselves resolve, and to give up the rest to inevitable fate. Allow me once more to express my delight at the recovery of Y.R.H.

[K.]

137. 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 Einlösung 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.]

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 assiduously, 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.]

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.]

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 Einlösung Schein, as the documents 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 document (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 Einlösung 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 Töplitz. 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 petition 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 petition," &c. The Archduke instantly sent for me, and desired me to prepare the document and to show it to him; he also thought that I ought to solicit payment in Einlösung 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 entitled 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 Einlösung 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 assured 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.

Farewell! I cannot write another syllable; such things exhaust me. May your friendship accelerate this affair!--if it ends badly, then I must leave Vienna, because I could not possibly live on my income, for here things have come to such a pass that everything has risen to the highest price, and that price must be paid. The last two concerts I gave cost me 1508 florins, and had it not been for the Empress's munificent present I should scarcely have derived any profit whatever.

Your faithful friend, BEETHOVEN.

143.^[1] TO THE HONORABLE MEMBERS OF THE LANDRECHT.

Vienna, 1815.

GENTLEMEN,--

Quite ignorant of law proceedings, and believing that all claims on an inheritance could not fail to be liquidated, I sent to my lawyer in Prague [Dr. Kauka] the contract signed by the Archduke Rudolph, Prince Lobkowitz, and Prince von Kinsky, in which these illustrious personages agreed to settle on me an annual allowance of 4000 florins. My constant efforts to obtain a settlement of my claim, and also, as I am bound to admit, my reproaches to Dr. Kauka for not conducting the affair properly (his application to the guardians having proved fruitless), no doubt prompted him to have recourse to law.

None but those who are fully aware of my esteem for the deceased Prince can tell how repugnant it is to my feelings to appear as a complainant against my benefactor.

Under these circumstances I have recourse to a shorter path, in the conviction that the guardians of the Prince's estate will be disposed to mark their appreciation of art, and also their desire to fulfil the engagements of the late Prince. According to the terms of the contract in question, the Archduke Rudolph, Prince Lobkowitz, and Prince v. Kinsky granted me these 4000 florins until I should obtain a situation of equal value; and further, if by misfortune or old age I was prevented exercising my art, these distinguished contracting parties secured this pension to me for life, while I, in return, pledged myself not to leave Vienna.

This promise was generous, and equally generous was its fulfilment, for no difficulty ever occurred, and I was in the peaceful enjoyment of my pension till the Imperial Finance Patent appeared. The consequent alteration in the currency made no difference in the payments of the Archduke Rudolph, for I received his share in Einlösung Schein, as I had previously done in bank-notes, without any reference to the new scale. The late illustrious Prince v. Kinsky also at once assured me that his share (1800 florins) should also be paid in Einlösung Schein. As however, he omitted giving the order to his cashier, difficulties arose on the subject. Although my circumstances are not brilliant, I would not have ventured to bring this claim before the notice of the guardians of the estate, if respectable, upright men had not received the same pledge from the late Prince's own lips, namely, that he would pay my past as well as my future claims in Vienna currency, which is proved by the papers B, C, D, appended to the pleas. Under these circumstances I leave the guardians to judge whether, after so implicitly relying on the promise of the deceased Prince, I have not cause to complain of my delicacy being wounded by the objection advanced by the curators to the witnesses, from their not having been present together at the time the promise was made, which is most distressing to my feelings.

In order to extricate myself from this most disagreeable lawsuit, I take the liberty to give an assurance to the guardians that I am prepared, both as to the past and the future, to be satisfied with the 1800 florins, Vienna currency; and I flatter myself that these gentlemen will admit that I on my part make thus no small sacrifice, as it was solely from my esteem for those illustrious Princes that I selected Vienna for my settled abode, at a time when the most advantageous offers were made to me elsewhere.

I therefore request the Court to submit this proposal to the guardians of the Kinsky estates for their opinion, and to be so good as to inform me of the result.

L. V. BEETHOVEN.

144. TO BARON VON PASQUALATI.

January, 1815.

MY ESTEEMED FRIEND,--

I beg you will kindly send me by the bearer the proper form for the Kinsky receipt (but sealed) for 600 florins half-yearly from the month of April. I intend to send the receipt forthwith to Dr. Kauka in Prague,^[1] who on a former occasion procured the money for me so quickly. I will deduct your debt from this, but if it be possible to get the money here before the remittance arrives from Prague, I will bring it at once to you myself.

I remain, with the most profound esteem,

Your sincere friend, BEETHOVEN

145. TO HERR KAUKA.

Vienna, Feb. 24, 1815.

MY MUCH ESTEEMED K.,--

I have repeatedly thanked you through Baron Pasqualati for your friendly exertions on my behalf, and I now beg to express one thousand thanks myself. The intervention of the Archduke could not be very palatable to you, and perhaps has prejudiced you against me. You had already done all that was possible when the Archduke interfered. If this had been the case sooner, and we had not employed that one-sided, or many-sided, or weak-sided Dr. Wolf, then, according to the assurances of the Oberstburggraf himself, the affair might have had a still more favorable result. I shall therefore ever and always be grateful to you for your services. The Court now deduct the sixty ducats I mentioned of my own accord, and to which the late Prince never alluded either to his treasurer or any one else. Where truth could injure me it has been accepted, so why reject it when it could have benefited me? How unfair! Baron Pasqualati requires information from you on various points.

I am again very tired to-day, having been obliged to discuss many things with poor P.; such matters exhaust me more than the greatest efforts in composition. It is a new field, the soil of which I ought not to be required to till. This painful business has cost me many tears and much sorrow. The time draws near when Princess Kinsky must be written to. Now I must conclude. How rejoiced shall I be when I can write you the pure effusions of my heart once more; and this I mean to do as soon as I am extricated from all these troubles. Pray accept again my heartfelt thanks for all that you have done for me, and continue your regard for

Your attached friend, BEETHOVEN.

146. TO THE ARCHDUKE RUDOLPH.

1815.

I heard yesterday, and it was indeed confirmed by meeting Count Troyer, that Y.R.H. is now here. I therefore send the dedication of the Trio [in B flat] to Y.R.H., whose name is inscribed on it; but all my works on which I place any value, though the name does not appear, are equally designed for Y.R.H. I trust, however, that you will not think I have a motive in saying this,--men of high rank being apt to suspect self-interest in such expressions,--and I mean on this occasion to risk the imputation so far as appearances go, by at once asking a favor of Y.R.H. My well-grounded reasons for so doing you will no doubt at once perceive, and graciously vouchsafe to grant my request. I have been very much indisposed in Baden since the beginning of last October; indeed, from the 5th of October I have been entirely confined to my bed, or to my room, till about a week ago. I had a very serious inflammatory cold, and am still able to go out very little, which has also been the cause of my not writing to Y.R.H. in Kremsir. May all the blessings that Heaven can shower upon earth attend you.

[K.]