deceive his father. Furthermore he will inherit from me and even now I could leave him enough to keep him from want while continuing his studies until he should receive an appointment. We need only quiet and no more interference from the mother, and the beautiful goal which I have set will be attained.

Ought I now to reply to the intrigues of a Mr. Courtscrivener Hotschowa [Hotschevar] against me, or to the priest of Mödling, who is despised by his congregation, who is suspected of being guilty of illicit intercourse, who lays his pupils military fashion on a form to be thrashed and could not forgive me because I kept watch on him and would not permit my nephew to be caned like a brute—ought I? No; the association of these men with Madame van Beethoven bears witness against them both, and only such could make common cause with Madame van Beethoven against me.

Beethoven accompanied this address with a private letter presumably to Dr. Tschiska (or Tschischka), an official of the Magistracy, in which he said:

We do not know the particulars, but for the present Beethoven retained the right to look after the further education of the boy; the right, at least, was not judicially taken away from him or given to another. He did not send him again to a public school, but engaged a private tutor under whose care he continued his studies in an institute conducted by Joseph Kudlich, of whom he spoke in great praise. Besides the ordinary subjects, he received instruction in French, drawing and music; his religious training was entrusted to a priest. This state of affairs lasted till the end of March, when he announced a desire to resign the guardianship—persuaded to take this step, it is fair to presume, by the magistrates who, in the end, would have been obliged to remove him. Karl was living with his mother at the time. According to the court records, Beethoven left the matter of education “entirely to Kudlich,” with whom (if a passage in one of the Conversation Books is read correctly) he seems also to have lived temporarily, and it was given to him to propose the name of a guardian, either in place of himself or as an associate. He consulted earnestly with his friends as to what was to be done with the boy and who should be his guardian, and those friends were sorely tried by his constitutional indecision. In these consultations, the project of sending the boy away from Vienna, and the name of Sailer, were mooted.[3] “What must be done,” Bernard says, “is to select as guardian a man who has your entire confidence both as respects morality and pedagogical skill, and with whom you may always remain on friendly terms concerning the affair. Since Kudlich has more influence on Karl than Giannatasio, it is my opinion that you seek no further for someone who would meet every requirement.—It would merely be very troublesome for you.” Beethoven seems to be in doubt; he had a preference for his friend the magisterial Councillor Tuscher, and the project of sending him to Sailer in Landshut appealed to him. Bernard says again: “If you want peace of mind I think it wise that you name a guardian as you were willing to do yesterday. But if it is possible to send the boy to Sailer at Landshut,[4] it would, of course, be better still, since then you could feel assured that he was in the best of hands. Even if you have Tuscher as co-guardian, your case will not be bettered, inasmuch as all cares will still rest on you. Perhaps Tuscher and Kudlich might jointly assume the guardianship—this might be very advantageous. All the same, everything will remain as heretofore, even if you send him away he will remain with Kudlich until a change has been made. So long as you are guardian and Karl remains here, you will not only have all the cares as heretofore, but also be compelled to fight the mother and all her intrigues. Have Karl sent for the present again to Kudlich, meanwhile the matter may be straightened out.”[5]

Beethoven seems to have expressed a doubt as to Tuscher’s willingness to serve as guardian. Bernard continues: “Perhaps he might be more easily persuaded if a co-guardian like Kudlich were appointed.—It is not necessary to settle everything by to-morrow. If we go to Omeyer to-morrow morning, then to Tuscher and Kudlich, we can come to an understanding as to what will be the best thing to do.” Tuscher, if we are correct in recognizing his handwriting, permitted himself to be persuaded, though a bit under protest; he foresaw difficulties. The Magistracy at the suggestion of Beethoven thereupon appointed the Magisterial Councillor Matthias von Tuscher guardian of the boy on March 26. He was commanded to place his ward, then “living with his mother, Johanna van Beethoven,” in another place for bringing up and education under proper care, and submit his opinion touching the proposition of the mother and Hotschevar that he be entered in a public institute of learning before the expiration of the second school semester, that Beethoven contribute to the cost and that the share of the mother’s pension and the interest on the money deposited for the boy be applied to this end. Tuscher was decidedly of the opinion that the boy must be sent away for a time and was agreed with the plan of placing him with Prof. Sailer in Landshut after it had been broached to him. For this the consent of the Magistracy and the police authorities and a passport were necessary. In the opinion of one of Beethoven’s advisers (Bach) Tuscher was to be informed of the plan only after the passport had been obtained, but before the mother, who had already found “a channel,” could take steps to communicate with Tuscher. Beethoven applied to the city authorities for a passport for two years for his ward. On April 23, the authorities asked of the Magistracy if there were any objections to the proposed step. The Magistracy objected to the boy’s being sent into a foreign country, but asked Tuscher if he were not willing to withdraw his application and name an institute in Austria. Tuscher declined and set forth the great hopes which he placed in the training to be had of a man like Sailer, who, “because of his reverence for the talents of the composer, Beethoven, was especially bound to him,” and hence would bestow upon his charge the strictest oversight and care, which was of great importance in the case of a boy who was “extremely cunning and an adept in every sort of craftiness.”