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.
Beethoven Quarrels with Mälzel
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 Vienna[122] 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.
Documents in the Mälzel Case
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![123]
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: