Herr Maelzel, now in London, on his way thither performed my “Battle Symphony” and “Wellington’s Battle of Vittoria” in Munich, and no doubt he intends to produce them at London concerts, as he wished to do in Frankfort.  This induces me to declare that I never in any way made over or transferred the said works to Herr Maelzel; that no one possesses a copy of them, and that the only one verified by me I sent to his Royal Highness the Prince Regent of England.  The performance of these works, therefore, by Herr Maelzel is either an imposition on the public, as the above declaration proves that he does not possess them, or if he does, he has been guilty of a breach of faith towards me, inasmuch as he must have got them in a surreptitious manner.

But even in the latter case the public will still be deluded, for the works that Herr Maelzel performs under the titles of “Wellington’s Battle of Vittoria” and “Battle Symphony” are beyond all doubt spurious and mutilated, as he never had any portion of either of these works of mine, except some of the parts for a few days.

This suspicion becomes a certainty from the testimony of various artists here, whose names I am authorized to give if necessary.  These gentlemen state that Herr Maelzel, before he left Vienna, declared that he was in possession of these works, and showed various portions, which, however, as I have already proved, must be counterfeit.  The question whether Herr Maelzel be capable of doing me such an injury is best solved by the following fact,—­In the public papers he named himself as sole giver of the concert on behalf of our wounded soldiers, whereas my works alone were performed there, and yet he made no allusion whatsoever to me.

I therefore appeal to the London musicians not to permit such a grievous wrong to be done to their fellow-artist by Herr Maelzel’s performance of the “Battle of Vittoria” and the “Battle Symphony,” and also to prevent the London public being so shamefully imposed upon.

130.

TO DR. KAUKA.

Vienna, August 22, 1814.

You have shown a feeling for harmony, and you can resolve a great discord in my life, which causes me much discomfort, into more pleasing melody, if you will.  I shortly expect to hear something of what you understand is likely to happen, as I eagerly anticipate the result of this most unjust affair with the Kinskys.  When the Princess was here, she seemed to be well disposed towards me; still I do not know how it will end.  In the mean time I must restrict myself in everything, and await with entire confidence what is rightfully my own and legally devolves on me; and though unforeseen occurrences caused changes in this matter, still two witnesses recently bore testimony to the wish of the deceased Prince that my appointed salary in Banco Zettel should be paid in Einloesung Schein, making up the original sum, and the Prince himself gave me sixty gold ducats on account of my claim.