Vienna, July 14, 1814.

Whenever I inquire about you I hear nothing but good news. As for my own insignificant self, I have been hitherto hopelessly detained in Vienna, and unable to approach Y.R.H.; I am also thus deprived of the enjoyment of beautiful Nature, so dear to me. The directors of the theatre are so conscientious, that, contrary to their faithful promise, they have again given my Opera of "Fidelio," without thinking of giving me any share in the receipts. They would have exhibited the same commendable good faith a second time, had I not been on the watch like a French custom-house officer of other days. At last, after a great many troublesome discussions, it was settled that the Opera of "Fidelio" should be given on Monday the 18th of July, for my benefit. These receipts at this season of the year may more properly be called deceits; but if a work is in any degree successful it often becomes a little feast for the author. To this feast the master invites his illustrious pupil, and hopes--yes! I hope that Y.R.H. will graciously consent to come, and thus add lustre to everything by your presence. It would be a great boon if Y.R.H. would endeavor to persuade the other members of the Imperial family to be present at the representation of my Opera, and I on my part will not fail to take the proper steps on the subject which duty commands. Vogl's illness[1] enabled me to satisfy my desire to give the part of Pizarro to Forti,[2] his voice being better suited to it; but owing to this there are daily rehearsals, which cannot fail to have a favorable effect on the performance, but which render it impossible for me to wait upon Y.R.H. before my benefit. Pray give this letter your favorable consideration, and think graciously of me.

[K.]

[Footnote 1: Joh. Mich. Vogl, born August 10th, 1768, was Court opera singer (tenor) in Vienna from 1794 to 1822; he died November 19th, 1840.]

[Footnote 2: Forti, born June 8th, 1790, a member of the Royal Court Theatre (a barytone), pensioned off in 1834.]

127.
DEPOSITION.

1814.

I voluntarily presented Maelzel gratis with a "Battle Symphony" for his panharmonica. After having kept it for some time, he brought me back the score, which he had already begun to engrave, saying that he wished it to be harmonized for a full orchestra. The idea of a battle had already occurred to me, which, however, could not be performed on his panharmonica. We agreed to select this and some more of my works [see No. 116] to be given at the concert for the benefit of disabled soldiers. At that very time I became involved in the most frightful pecuniary difficulties. Forsaken by every one in Vienna, and in daily expectation of remittances, &c., Maelzel offered me fifty gold ducats, which I accepted, saying that I would either repay them, or allow him to take the work to London, (provided I did not go there myself with him,) referring him to an English publisher for payment.

I got back from him the score written for the panharmonica. The concerts then took place, and during that time Herr Maelzel's designs and character were first fully revealed. Without my consent, he stated on the bills of the concert that the work was his property. Indignant at this, I insisted on his destroying these bills. He then stated that I had given it to him as a friendly act, because he was going to London. To this I did not object, believing that I had reserved the right to state the conditions on which the work should be his own. I remember that when the bills were being printed, I violently opposed them, but the time was too short, as I was still writing the work. In all the fire of inspiration, and absorbed in my composition, I scarcely thought at all on the subject. Immediately after the first concert in the University Hall, I was told on all sides, and by people on whom I could rely, that Maelzel had everywhere given out he had paid me 400 gold ducats for the Symphony. I sent what follows to a newspaper, but the editor would not insert it, as Maelzel stands well with them all. As soon as the first concert was over, I repaid Maelzel his fifty ducats, declaring that having discovered his real character, nothing should ever induce me to travel with him; justly indignant that, without consulting me, he had stated in the bills that all the arrangements for the concert were most defective. His own despicable want of patriotism too is proved by the following expressions: "I care nothing at all about L.; if it is only said in London that people have paid ten gulden for admission here, that is all I care about; the wounded are nothing to me." Moreover, I told him that he might take the work to London on certain conditions, which I would inform him of. He then asserted that it was a friendly gift, and made use of this phrase in the newspapers after the second concert, without giving me the most remote hint on the subject. As Maelzel is a rude, churlish man, entirely devoid of education or cultivation, it is easy to conceive the tenor of his conduct to me during this time, which still further irritated me. Who could bear to be forced to bestow a friendly gift on such a man? I was offered an opportunity to send the work to the Prince Regent, [afterwards George IV.] It was therefore quite impossible for me to give away the work unconditionally.

He then called on a mutual friend to make proposals. He was told on what day to return for an answer, but he never appeared, set off on his travels, and performed the work in Munich. How did he obtain it? He could not possibly steal it; but Herr Maelzel had several of the parts for some days in his house, and he caused the entire work to be harmonized by some obscure musical journeyman, and is now hawking it about the world. Herr Maelzel promised me ear-trumpets. I harmonized the "Battle Symphony" for his panharmonica from a wish to keep him to his word. The ear-trumpets came at last, but were not of the service to me that I expected. For this slight trouble Herr Maelzel, after my having arranged the "Battle Symphony" for a full orchestra, and composed a battle-piece in addition, declared that I ought to have made over these works to him as his own exclusive property. Even allowing that I am in some degree obliged to him for the ear-trumpets, this is entirely balanced by his having made at least 500 gulden in Munich by my mutilated or stolen battle-piece. He has therefore paid himself in full. He had actually the audacity to say here that he was in possession of the battle-piece; in fact he showed it, written out, to various persons. I did not believe this; and, in fact, with good reason, as the whole is not by me, but compiled by some one else. Indeed the credit he assumes for the work should alone be sufficient compensation.