The plan to send the nephew out of the country had been frustrated and had to be abandoned. His mind being filled with artistic projects of the greatest magnitude, Beethoven was desirous to pass the summer months again in Mödling, and after the experiences of the preceding year nothing could be hoped for his nephew in that quarter. He came to a realization of the advantages which Giannatasio’s institute had offered and in a letter to Giannatasio asked him again to take the lad till other arrangements had been made. The Giannatasio family were fearful lest such a proceeding might work harm to their institution, and on June 17 visited Beethoven at Mödling to tell him that his wishes could not be complied with. “Grievously as it pained us,” Fanny writes in her diary, “to refuse Beethoven anything, I am yet so convinced of the necessity of the step and that it could do us no good, but on the contrary harm, that I prefer to have it so.” Thereupon the lad was sent to the institute of Joseph Blöchlinger. Claudius Artaria, who was one of the teachers there (1821-1824), recalled in later years that Karl was one of the older scholars, “naturally talented, but somewhat conceited because he was the nephew of Beethoven.” He also saw the mother there a few times, but remembered nothing in particular in connection with her visits. The lad appears to have prospered during the early part of his stay at this school. In December, 1819, an unknown hand writes in a Conversation Book:
A great deal has been gained in that the boy has again become orderly in his public studies. Plöchlinger [sic] moreover, though not exactly brilliant, seems to be good—the public school system acts as a restraint on him.—Your nephew looks well; handsome eyes—charm, a speaking physiognomy, and excellent bearing. I would continue his education for only two years more.—He is always present, and thus she can do him no harm. But he is agreed that she spoils the boy.—When you have acquired the sole guardianship, then do you decide and he will obey.—Your views are admirable but not always reconcilable with this wretched world.—Would that everybody might understand and appreciate your love for your nephew.
Tuscher Relieved of the Guardianship
Tuscher, a member of the Magistracy, was compelled to recognize that his colleagues were wholly under the influence of Madame van Beethoven and Hotschevar, and that he could do no service to his friend or his friend’s ward; on July 5, he applied to be relieved of the guardianship which, he said, had become “in every respect burdensome and vexatious,” on the ground that “the multiplicity of official duties as well as various other considerations would not permit him longer to administer the office.” Beethoven took this action in very bad part, and Tuscher shared the fate of many others of being for a space an object of the composer’s critical ill will. Beethoven now served notice on the Magistracy that he would resume the guardianship under the testamentary appointment and that he had placed his ward in Blöchlinger’s institution. On July 15 he writes to Archduke Rudolph, lamenting that confusion still reigns in his domestic affairs, no hope or comfort is in sight, all his structures are blown away, as if by the wind. “The present proprietor of the institute in which I have placed my nephew, a pupil of Pestalozzi, is of the opinion that it will be difficult to achieve a desirable outcome in the boy’s training—and also that there could be nothing more profitable to my nephew than absence from the country.” In a letter of September 14 to Blöchlinger he writes: “Only the following individuals have free access to my nephew, Mr. v. Bernard, Mr. v. Oliva, Mr. v. Piuk, Recording Secretary.... My nephew is not to go out of the house without my written permission—from which it is plain what course is to be followed toward the mother—I insist that in this respect strict obedience be given to what the authorities and I have ordained.”
It is not known whether the Magistracy was immediately informed of the new steps which Beethoven had taken, or whether Madame van Beethoven made a presentment of some sort on the subject. Be that as it may, as chief guardian it determined if possible to put an end to the continual friction and undertook an investigation of all the educational experiments which had been made, arriving at the conclusion that the boy had been “subject to the whims of Beethoven and had been tossed back and forth like a ball from one educational institution to another.” For this reason it decreed, on September 17, that Tuscher’s request be granted, but that the guardianship should not again be entrusted to Beethoven but to the mother, the natural guardian under the law, with a capable and honest man as co-guardian. To this office Leopold Nussböck, municipal Sequestrator, was appointed. Beethoven protested against the action in a letter which the Magistracy received on October 31.[7] Having been absent from the city at the time, “on a matter of business,” he had made no objection to the appointment of Herr Nussböck as guardian of his nephew, but returning with the intention of remaining in Vienna he wished to resume the guardianship, as this was essential to the welfare of the boy, the mother having neither the will nor the strength to look after his training. He was the more insistent on a resumption of this duty since he had learned that owing to lack of money the boy was to be removed from the institution which he had selected for him, and he charged that the mother wished to take her son to her home so that she might be able to expend his income, including the half of her pension which she was obliged to devote to his education, upon herself. He asked that the intermediary guardianship be taken from Nussböck and be restored to him without delay. About the same time (October 23) he wrote at great length to Dr. Bach, who had now become his lawyer.[8] From this it appears that Madame van Beethoven had addressed another communication to the Magistrates’ Court, in which she apparently said or intimated that Beethoven would, in consequence of the elevation of the Archduke to the Archbishopric, be obliged to spend the greater part of his time in Olmütz, and had renewed her attacks upon his moral character. “His Imperial Highness, Eminence and Cardinal” would unhesitatingly bear witness to his morality, and, as to the twaddle about Olmütz, the Archduke would probably spend not more than six weeks of the year there.
Beethoven Insists on Sole Guardianship
The chief points are that I be recognized at once as sole guardian, I will accept no co-guardian, that the mother be excluded from intercourse with her son in the Institute because in view of her immorality there cannot be enough watchmen there and she confuses the teacher by her false statements and lies. She also has led her son to tell shameful lies and make charges against me, and accuses me herself of having given him too much or too little; but that the claims of humanity may not be overlooked, she may see her son occasionally at my home in the presence of his teachers and other excellent men.... It is my opinion that you should insist stoutly and irrevocably that I be sole guardian and that this unnatural mother shall see her son only at my house; my well known humanity and culture are a guarantee that my treatment of her will be no less generous than that given to her son. Moreover, I think that all this should be done quickly and that if possible we ought to get the Appellate Court to assume the superior guardianship, as I want my nephew to be placed in a higher category; neither he nor I belong to the Magistracy under whose guardianship are only innkeepers, shoemakers and tailors. As regards his present maintenance, it shall be cared for as long as I live. For the future he has 7,000 florins W.W. of which his mother has the usufruct during life; also 2,000 fl. (or a little more since I have reinvested it), the interest on which belongs to him, and 4,000 florins in silver of mine are lying in the bank; as he is to inherit all my property this belongs to his capital. You will observe that while because of his great talent (to which the Honorable Magistracy is indifferent) he will not be able at once to support himself, there is already a superfluity in case of my death.
In a postscript he accuses the mother of wishing to gain possession of her son in order to enjoy all of her pension. In view of this he had taken counsel as to whether or not he should let her keep the money and make it good from his own pocket. He had been advised not to do so, however, because she would make bad use of the money. “I have decided, therefore, to set aside the sum in time. You see again how foolishly the Magistracy is acting in trying to tear my son wholly from me, since when she dies the boy will lose this share of the pension and would get along very poorly without my aid.” A few days later Beethoven wrote to Dr. Bach again, this time to suggest that legal steps be taken to attach the widow’s pension, he having a suspicion that she was trying to evade payment of her son’s share because she had permitted nine months to pass without drawing the pension from the exchequer.
The Magistracy disposed of Beethoven’s protest and application on November 4, by curtly referring him to the disposition made of his petition of September 17. Beethoven asked for a reconsideration of the matter, but without avail, and the only recourse remaining to him was the appeal to the higher court which had already been suggested to Dr. Bach. The story of that appeal belongs to the year 1820. Meanwhile the association of Councillor Peters with him in the guardianship had been broached and was the subject of discussion with his friends. In December Bernard writes in a Conversation Book:
The Magistracy has till now only made a minute of the proceedings and will now hold a session to arrive at a decision. It is already decided that you shall have the chief guardianship, but a 2d is to be associated with you. As no objection can be made to Peters, there will be no difficulty. The matter will be ordered according to your wishes and I will take care of Mr. Blöchlinger. The mother will not be admitted to the institute unless you are present, 4 times a year is enough—nor the guardian either?—The Magistracy has compromised itself nicely.