The Life of Ludwig van Beethoven, Volume IIIThayer, Alexander Wheelock
History
The Life of Ludwig van Beethoven, Volume III
Thayer, Alexander Wheelock
Beethoven, Ludwig van, 1770-1827
Let us try now to take a dispassionate view of the case as thus far
presented in the pleadings and documents. Not only the law of nature
but the laws of the land justified the mother in asserting her right
to look after the physical well-being of her child and seeking to
enforce it. Dr. Bach seems to have impressed that fact upon Beethoven,
wherefore he declares his willingness in the bill of appeal to
associate her with himself in the guardianship to that extent. That the
Magistrates displayed unusual, not to say unjudicial zeal in her behalf
while defending their own course is indubitable; but we are in no
position to judge of the propriety of their course, which seems to have
been in harmony with the judicial procedure of the place and period,
least of all to condemn them, so long as it was permitted them so to
do, for having made a stout resistance when their acts were impugned
in the appeal to the higher court. The “Exhibit F,” filed in the
proceedings before the _Landrecht_, has not been found and its contents
can only be guessed at from the allusions to it in the documents.
Obviously it contained aspersions on the moral character of Madame van
Beethoven, and it may have been, nay, probably was, true that they were
unsupported by evidence and therefore undeserving of consideration in
a court either of law or equity. Perhaps they were not susceptible of
legal proof. It has been thought that Beethoven felt some hesitancy in
flaunting evidence of his sister-in-law’s infamy in the face of the
world,[27] but he certainly showed no disposition to spare her in his
letters, nor did he hesitate to accuse her of unmentionable things
by innuendo. In a Conversation Book of this year (1820) he writes of
her that she was “born for intrigue, accomplished in deceit, mistress
of all the arts of dissimulation.” On the other hand, it is singular
that the Magistrates in their final effort to justify their course
have nothing to say about the present moral standing of the woman
whose legal and natural rights they claimed to be upholding. Were they
in ignorance of what we now know, namely, that her conduct had not
only been reprehensible in 1811 (though condoned by her husband) but
continued so after her husband’s death? Schindler says that she gave
birth to a child while the case was pending, and that is confirmed by
a statement of Nephew Karl’s widow,[28] that in her old age Madame van
Beethoven lived in Baden with this illegitimate daughter, who was also
a dissolute woman.
Public-domain text, read in full here on John Shaqi.
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