In replying to the municipal authorities the Magistracy (on May 7) conceded the necessity of withdrawing the boy from his mother’s influence, but thought it unnecessary to send him out of the country on this account, against which the mother had protested and the curator of the ward, Dr. Schönauer, had declared himself. The passport was therefore refused. Beethoven had taken a step which seems to have been made to prevent the widow from securing help for her plans from a source higher than any that had yet been invoked and to enlist that higher power in his own behalf. He appealed to Archduke Rudolph to use his influence with Archduke Ludwig, the youngest brother of Emperor Franz I, to aid him in his project of sending his nephew far away from the mother’s influence. In the letter written to the Archduke[6] he states that it had been his intention to petition Archduke Ludwig in the premises, but there had thitherto appeared to be no occasion for so doing for the reason that all the authorities who had jurisdiction in the matter were convinced of the advisability of the step, viz.: the Police, the Supervisory Guardianship Court and the guardian. He had heard, however, that the mother intended to seek an audience of Archduke Ludwig to prevent the execution of his plan. Convinced that she would stop at nothing in the way of calumination, he expressed the hope that his reputation for morality would suffice as a refutation of her slanders, and that Archduke Rudolph would bear testimony in his behalf.

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:

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.