The Life of Ludwig van Beethoven, Volume II

by Alexander Wheelock Thayer

[123] The documents in the controversy between Beethoven and Mälzel alluded to, together with Mr. Thayer’s comments on them, are appended in this foot-note to prevent a too long interruption of the biographical narrative:

Deposition

Of my own volition I had composed a Battle Symphony for Mälzel for his Panharmonica without pay. After he had had it for a while he brought me the score, the engraving of which he had already begun—[Beethoven probably meant that Mälzel had begun the preparation of the cylinder—H.E.K.] and wanted it arranged for full orchestra. I had previously formed the idea of a Battle (Music) which, however, was not applicable to his Panharmonica. We agreed to perform this work and others of mine in a concert for the benefit of the soldiers. Meanwhile I got into the most terrible financial embarrassment. Deserted by the whole world here in Vienna, in expectation of a bill of exchange, etc., Mälzel offered me 50 ducats in gold. I took them and told him that I would give them back to him here, or would let him take the work with him to London in case I did not go with him—in which latter case I would refer him to an English publisher who would pay him these 50 ducats. The Academies were now given. In the meantime Mälzel’s plan and character were developed. Without my consent he printed on the placards that it was his property. Incensed at this he had to have these torn down. Now he printed: “Out of friendship for his journey to London”; to this I consented, because I thought that I was still at liberty to fix the conditions on which I would let him have the work. I remember that I quarrelled violently with him while the notices were printing, but the too short time—I was still writing on the work. In the heat of my inspiration, immersed in my work, I scarcely thought of Mälzel. Immediately after the first Academy in the University Hall, I was told on all hands by trustworthy persons that Mälzel was spreading it broadcast that he had loaned me 400 ducats in gold. I thereupon had the following printed in the newspaper, but the newspaper writers did not print it as Mälzel is befriended with all of them. Immediately after the first Academy I gave back to Mälzel his 50 ducats, telling him that having learned his character here, I would never travel with him, righteously enraged because he had printed on the placards, without my consent, that all the arrangements for the Academy were badly made and his bad patriotic character showed itself in the following expressions—I [unprintable]—if only they will say in London that the public here paid 10 florins; not for the wounded but for this did I do this—and also that I would not let him have the work for London except on conditions concerning which I would let him know. He now asserted that it was a gift of friendship and had this expression printed in the newspaper without asking me about it in the least. Inasmuch as Mälzel is a coarse fellow, entirely without education, or culture, it may easily be imagined how he conducted himself toward me during this period and increased my anger more and more. And who would force a gift of friendship upon such a fellow? I was now offered an opportunity to send the work to the Prince Regent. It was now impossible to give him the work unconditionally. He then came to you and made proposals. He was told on what day to come for his answer; but he did not come, went away and performed the work in Munich. How did he get it? Theft was impossible—Herr Mälzel had a few of the parts at home for a few days and from these he had the whole put together by some musical handicraftsman, and with this he is now trading around in the world. Herr Mälzel promised me hearing machines. To encourage him I composed the Victory Symphony for his Panharmonica. His machines were finally finished, but were useless for me. For this small trouble Herr Mälzel thinks that after I had set the Victory Symphony for grand orchestra and composed the Battle for it, I ought to have him the sole owner of this work. Now, assuming that I really felt under some obligation for the hearing machines, it is cancelled by the fact that he made at least 500 florins convention coin, out of the Battle stolen from me or compiled in a mutilated manner. He has therefore paid himself. He had the audacity to say here that he had the Battle; indeed he showed it in writing to several persons—but I did not believe it, and I was right, inasmuch as the whole was not compiled by me but by another. Moreover, the honor which he credits to himself alone might be a reward. I was not mentioned at all by the Court War Council, and yet everything in the two academies was of my composition. If, as he said, Herr Mälzel delayed his journey to London because of the Battle, it was merely a hoax. Herr Mälzel remained until he had finished his patchwork (?), the first attempts not being successful.

Beethoven, m. p.

II.

Explanation and Appeal to the Musicians of London by Ludwig van Beethoven

Herr Mälzel, who is at present in London, on his way thither performed my Victory Symphony and Wellington’s Battle at Vittoria in Munich, and, according to 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.