^{Note 1 in page 513} S. T. Williams, The Life of Washington Irving, 2 vols. (N. Y.: Oxford Univ. Press, 1935).

^{Note 2 in page 513} S. T. Williams and L. B. Beach, The Journal of Emily Foster (N. Y.: Oxford Univ. Press, 1938).

^{Note 3 in page 513} Allardyce Nicoli in A History of Early Nineteenth Century Drama 1800–1850 (Cambridge, 1930), ii, 335, spells it Levius, though other references in the text give the regular spelling. In Frederic Boase's Modern English Biography (Truro, 1897), ii, 454, he is listed as Charles Barham Livius, a form that occurs also in the Era Almanack (1869), p. 15, and probably was taken from an obituary notice printed in the London Times of January 17, 1865.

^{Note 4 in page 513} Cf. P. M. Irving, Life and Letters of Washington Irving (N. Y.: G. P. Putman, 1864), iv, 343. This confusing error is the result of inaccurate transcription of poor handwriting. While glancing at my own notes one day, I discovered that the word Livius could look like Surás. The innumerable typographical errors in this “unprecedented” interpolation clearly indicate a carelessly prepared manuscript and a lack of proofreading.

^{Note 5 in page 513} Only the first edition of John Burke's A Genealogical and Heraldic Dictionary of the Landed Gentry of Great Britain and Ireland (London, 1848), iii (Supplement and Index), 203–204, lists this family and reveals genealogical details. This information is neither complete nor absolutely correct in every detail as will appear later.

^{Note 6 in page 514} All facts about ancestry unless otherwise indicated are taken from articles by L. S. Mayo of Harvard University, to whom I am indebted for bringing this material to my attention. Cf. Publications of the Colonial Society of Massachusetts, xxv (1924), 125–120, and the Granite Monthly (Concord, N. H.), lv (1923), 83–90. This original spelling probably gave way to the more common “Livius” in the next generation because of the English pronunciation of the name.

^{Note 7 in page 514} Though the family records give no information about the cause of his migration except that he became a merchant there, Burke (op. cit.) mentions his position as “Envoy to the Court of Lisbon from the Court of Frederick, King of Prussia.” Such posts were often given to citizens abroad who performed some diplomatic duties in addition to carrying on their own business.

^{Note 8 in page 514} Such a supposition is strengthened by references to the son, Peter, as a “foreigner” and a “German-Portuguese,” terms which probably reflect a common prejudice against a swarthy, “foreign” complexion. Surely a man of Saxon stock would go unnoticed in any Anglo-Saxon community. For such derogatory references cf. A. G. Bradley, Lord Dorchester (Toronto, 1911), pp. 184 f., 187 f.

^{Note 9 in page 514} Peter Livius, born in Lisbon in 1739 but schooled in England, came to play an important though ignoble role in colonial New Hampshire and Canada. He settled in Portsmouth, N. H., in 1763, after having married Anne Elizabeth, the second daughter of John Tufton Mason, the hereditary proprietor of New Hampshire, whom he had met in England. Livius appeared prosperous, lived handsomely, and became a member of the Council in 1765 and later a justice of the Court of Common Pleas. After a bitter quarrel with Governor John Wentworth he returned to England to support his accusations in person and while there read law and was admitted to the bar. Oxford University gave him an honorary degree of D.C.L. and he was elected a Fellow of the Royal Society. In 1767, Harvard University had given him an honorary M.A., presumably for his gift of books after the burning of Harvard Hall. He was actually appointed Chief Justice of New Hampshire and only the outbreak of the American Revolution prevented his serving in that capacity. Instead he was transferred to the province of Quebec, where he came into conflict with the governmental authorities and was dismissed by Sir Guy Carleton. Again Livius appealed in person to the Home Government and was sustained. Though he held the emoluments of the office of Chief Justice until 1786, he did not return to Quebec. He died on his way to Brighton in 1795. For documentary details see L. S. Mayo, John Wentworth (Cambridge, 1921), pp. 73–86, Collections of the New Hampshire Historical Society, ix (1889), 304–363, and other references to Colonial history already cited. A much more sympathetic treatment of Livius “as a strong legalist” who “was quick to detect and pertinaceous to pursue any irregularity in administration” can be found in William Smith's “The Struggle Over the Laws of Canada,” 1763–83, Canadian Historical Review (1920), i, 177 f., 180.

^{Note 10 in page 515} The Langdon Collection of the Historical Society of Pennsylvania contains a letter by Peter Lewis Levius dated from Lisbon, listing the birth dates of his eight children.

^{Note 11 in page 515} Burke, op. cit., p. 204. The American statesman and Senator from South Carolina, Ralph Izard, had become intimately acquainted with George Livius during their London residence in the early seventies. From India, Livius wrote of his success: “My prospects in India are very good; and I trust I shall see you with a small but independent fortune—in the course of a few years. The trade of India has been these two years past, much on the decline—and very unsuccessful to most concerned in it—but I have had good fortune—beyond all expectation.” Correspondence of Mr. Ralph Izard of South Carolina (New York, 1844), i, 275; cf. also pp. 201, 214, 227, 284. Throughout this volume the name appears as Livins, an obvious misprint. Livius loaned Izard large sums of money during the difficult years of the American Revolution when Izard was stranded in England. This friendship is reflected further in a letter of September 10, 1794, included in the Izard Papers of the Congressional Library, in which Izard speaks of repaying “annually £132, the interest of the money due you.” Cf. my article in The South Carolina Historical and Genealogical Magazine, xli (1940), 34–38.

^{Note 12 in page 515} Burke, op. cit. (1921), p. 672.

^{Note 13 in page 515} Joseph Foster (1729–89) assumed in 1750 with the consent of Parliament the additional name of Barham according to the will of his stepfather, Dr. Henry Barham. He was a direct descendant of Capt. John Foster, who had received extensive grants of estates in Jamaica in 1670. For detailed ancestry, cf. Burke, op. cit., (1921), pp. 671–672. This is the same family as that of John Foster (1765–1831) of Brickhill House, Bedford, whose wife and daughters Irving met in Dresden.

^{Note 14 in page 515} In the Enclosure Award dated 1799, he is listed as the biggest landowner in the parish of St. Mary, Bedford. (Documents of the Clerk of Records, Bedfordshire.) In 1790 he entertained John Wesley in his house “on the present site of the Grove,” cf. F. Farrar, Old Bedford, London, 1926.

^{Note 15 in page 516} Burke, op. cit. (1848), iii, 204.

^{Note 16 in page 516} The marriage of his parents as of September 5, 1785 (Burke, op. cit., 1921, p. 672) and the notation “aged 80,” included in the London Times, January 17, 1865, when Barham Livius died, make this a safe assumption.

^{Note 17 in page 516} J. Burke, A Genealogical and Heraldic History of the Landed Gentry (London, 1838), iv, 550.

^{Note 18 in page 516} Burke, op. cit. (1921), p. 671.

^{Note 19 in page 516} Facts of his military career are taken from the British Army Lists.

^{Note 20 in page 517} According to the “Fremdenliste” of the Dresdner Anzeiger of November 22, 1822.

^{Note 21 in page 517} The Journal of Emily Foster, p. 202.

^{Note 22 in page 517} The Journals of Washington Irving, ed. by W. P. Trent and G. S. Hellman (Boston, 1919), i, 137 ff.

^{Note 23 in page 517} Allardyce Nicoli, op. cit., i, 80 f.

^{Note 24 in page 517} The London Times of November 6, 1821, does not mention Livius' name but praises the work in these words: “This petite drama has considerable merit, there is nothing very striking in the dialogue, but the situations of the dramatis personae are in general extremely comic, and, before a word is uttered, speak for themselves.”

^{Note 25 in page 517} Jean-Henri Dupin (1787?—1887) a popular and prolific dramatist of the nineteenth century.

^{Note 26 in page 518} Thomas Cooke (1782–1848) as musical director of the Drury Lane Theatre made the necessary musical arrangements for the many productions that were usually adaptations of successful foreign pieces. He too borrowed freely without direct acknowledgment.

^{Note 27 in page 518} Performed for the first time January 18, 1821, at the Théâtre du Vaudeville in Paris and available in the series of the Théâtre du Vaudeville, xxx (1821), 35 pp. The plot suggests the influence of Beaumarchais' Le Mariage de Figaro (1784), which Thomas Holcroft adapted surreptitously. It was performed and published in London as The Follies of a Day; or, The Marriage of Figaro that same year. In 1819 Holcroft reduced it to a three-act comic opera which proved very successful.

^{Note 28 in page 519} Cf. F. Boase, op. cit. ii, 454, where another musical composition, “Variations sur un air favori pour le pianoforte” (1835), is listed. Irving refers to Livius' participation at a musicale in Dresden, as well as to his playing of Weber's operatic music. Cf. Journals, i, 141–142 and 184.

^{Note 29 in page 519} Generally the source is given as H. J. B. Victor's Hasard et Folie (1819). Contemporaries recognized additional echoes. A critic in The Drama, iii (1822), 81, wrote: “It is a trashy affair, and has little claim to originality, as it is evident the story is taken from Morton's ‘Henri Quatre,’ and the last scene ‘All in the Dark’ is a wetched [sic] imitation of the discovery in ‘The Trip to Dover’ ”...

^{Note 30 in page 519} The London Times of July 11, 1822, reported the performance of the night before in these words: “It is of the lightest order of summer pieces .... Its merit—what for a piece of this kind is no small one—consists in the rapidity of its changes and the perpetual bustle of its scenes, which are always filled with action. It is preceded by an overture, and interspersed with music, composed by Mr. Livius, which, though not very strikingly original, are unaffected and pleasing. The piece was well received.”

^{Note 31 in page 519} Cf. London Times, September 6, 1822: “The Music of this piece is done by Mr. Livius and Mr. Reeve. It is of an agreeable character, but it has no claim to originality.”

^{Note 32 in page 519} In the printed list of productions included in the appendix of The Recollections and Reflections of J. R. Planché (London, 1872), Livius is not recognized as a collaborator. Elsewhere (i, 79) in a footnote Planché describes Livius merely as “an amateur author and composer who arranged the music of Der Freischütz for my version of that opera, produced at Covent Garden, 14th October, 1824.”

^{Note 33 in page 519} Journals, i, 139.

^{Note 34 in page 520} “The colonel, however, who is a green-room veteran, and has written for the London theatres, was so much of a martinet in his managerial discipline, that the piece absolutely fell through from being too much managed.” Irving, in a letter to his brother Peter. P. M. Irving, Life and Letters of Washington Irving (New York, 1862), ii, 141.

^{Note 35 in page 520} The Journal of Emily Foster, pp. 115–116.

^{Note 36 in page 520} In spite of the numerous references in Irving's Journals to his continued association with the Fosters and Livius, the name of Barham Livius never occurs again in Emily's diary. Previously (p. 108) she had referred to him as “our cousin and a married man.” Irving recorded the following items: “Find him and the little governess” (Journals, i, 180) and a month later, “looked in at Livius—whom I found with his demoiselle” (i, 192–193). In May, 1824 while in Paris, Irving records: “went out to Passy to dine with Livius ... Living out there with a girl with him, ‘La solitude est une belle chose &c’ said he.” Journal of Washington Irving (1823–1824), ed. by S. T. Williams (Harvard University Press, 1931), p. 178.

^{Note 37 in page 520} Cf. Journals, i, 178, 180. Presumably it was either the translation of Der Freischütz or an adaptation of Abu Hassan, both by Weber. On April 2, (i, 174) Irving had dined with Livius, when the composer Carl Maria von Weber was one of the guests. Apparently Livius eagerly sought the composer's help in bringing his own work to the Dresden stage.

^{Note 38 in page 521} Cf. Abu Hassan by Washington Irving, with an introduction by George S. Hellman. The Bibliophile Society (Boston, 1924). The references to Abu Hassan begin on April 20, and are almost daily ones, Cf. Journals, i, 183 ff.

^{Note 39 in page 521} Journal 1823–1824, p. 3.

^{Note 40 in page 521} Ernest Friedrich von Malsburg (1786–1824) was the Hessian chargé d'affaires in Dresden and an enthusiastic lover of literature. A minor poet in his own right, he achieved real distinction as a translator of Calderon and Lope de Vega. He introduced Irving to Ludwig Tieck.

^{Note 41 in page 521} Das ledige Ehepaar. Singspiel in 2 Akten, nach dem Englischen des Clievalier Baron von Livius, von Malsburg. Die Musik von C. Baron von Livius. In spite of a favorable review in the influential “Dresdener Abendzeitung” (No. 233, 1823) only two performances were given. The people of Dresden coined the following witticism to express their opinion of this opera: “Ein Freiherr hat sie geschrieben, ein Freiherr hat sie componirt, ein Freiherr aufgeführt, drum ist sie zwar freiherrlich, aber gar nicht herrlich!” M. M. von Weber, Carl Maria von Weber. Ein Lebensbild, ii, 482–483. Tieck, who was a friend of Malsburg, judiciously avoided comment as indicated in a letter to the editor of the “Abendzeitung”: “Was Malsburgs Stück betrifft, so habe ich es nicht gesehn, er hat es mir vorgelesen: ich halte es für nicht bedeutend genug, um etwas darüber zu sagen.” Letters of Ludwig Tieck. Hitherto Unpublished. 1792–1853. Collected and Edited by E. H. Zeydel, P. Matenko, R. H. Fife. M.L.A.A. (New York, 1937), p. 237.

^{Note 42 in page 521} Journal 1823–1824, p. 55.

^{Note 43 in page 522} Ibid., pp. 56 ff.

^{Note 44 in page 522} Irving received the first letter from Berlin on December 1, and the last on January 11, 1824. Cf. ibid., pp. 76, 104.

^{Note 45 in page 522} After a thorough search in German libraries this single letter, an item in the voluminous Böttiger Correspondence at the Sächsische Landesbibliothek in Dresden was discovered. It is reproduced with all its peculiarities of spelling. Carl August Böttiger (1760–1835) was the Director of the Museum of Classical Art in Dresden and enjoyed a tremendous though ephemeral reputation as an art critic. Because of his wide acquaintance and his eagerness to help foreign visitors he proved useful to Irving, Livius, Longfellow, and many others.

^{Note 46 in page 522} Bürger's successful ballad, which Irving had already used in “The Spectre Bridegroom,” was dramatized by Kind, the librettist of the Freischütz, as Schön Ella, Volkstrauerspiel in fünf Akten, Leipzig (Göschen) 1825. 246 S. Already in 1822 (Dresdener Abendzeitung N. 214, p. 856) the author announced the completion of his work. Cf. K. Goedeke, Grundriss zur Geschichte der deutschen Dichtung (Dresden, 1910) ix, 271. Kind was a prominent member of the “Dresdner Liederkreis” and acquainted with Irving and Livius.

^{Note 47 in page 523} Charles Kemble (1775–1854) began managing the Covent Garden Theatre the season of 1822–23. He himself had adapted some of Kotzebue's works and was eager to get spectacular pieces.

^{Note 48 in page 523} Carl Gottlieb Heun (1771–1854) wrote under the pseudonym of H. Clauren. Completely forgotten today, he was a typical third-rate writer whose popularity impressed Livius. The piece referred to is probably Der Brauttanz oder der Schwiegersohn von ungefähr (1815).

^{Note 49 in page 523} Marie Emmanuel Théaulon (1787–1841), a highly successful writer of the day, was called to Berlin to write the libretto for Spontini's Alcindor, which was performed after some delays on May 23, 1825. Cf. Biographie Universelle, Paris, 1854, xli, 231 ff.

^{Note 50 in page 523} The popularity of Der Freischütz brought at least five versions of this opera to the London stage. The performance at the Drury Lane Theatre was George Soane's adaptation, but was not played until November 11, 1824. Versions by Oxenford, Amherst, and Fitzball actually preceded the performance at Covent Garden.

^{Note 51 in page 523} Livius was already aware of the cool reception this work had received when submitted by Payne to Charles Kemble. Cf. Payne's letter to Irving dated London, November 7, 1823 (printed in Life and Letters, ii, 171): “they have no room for Abul [sic] Hassan this season unless, as some one observed, horses could be put in it! ! !” In reply Irving suggested submitting it to the manager of Drury Lane: “I wish Abu Hassan to be offered to Elliston by Miller, as from Livius.” “Correspondence of Washington Irving and John Howard Payne” ed. by T. T. P. Luquer, Scribner's Magazine, xlviii (October, 1910), 472.

^{Note 52 in page 524} Weber went to Vienna September, 1823, to rehearse his new opera Euryanthe which was presented on October 25. He left Vienna again November 5. Since Irving received a “letter from Livius from Calais,with pamphlet story of Euryanthe, in German” (Journal 1823–1824, pp. 131–132) on February 18, 1824, it is likely that Weber made the texts available to him in reply to such a request. The libretto by Helmina von Chézy was published in Vienna in 1824. That Livius was actually in correspondence with the composer is revealed in a letter from Weber to Planché dated December 3, 1825: “I pray that you will be so good as to say to M. Livius that I have already sent him an answer under the date of the 18th of September, on his address Dorset Cottage, Grosvenor Place.” The Recollections and Reflections of J. R. Planché, i, 79.

^{Note 53 in page 524} Johann Mälzel of Vienna built the metronome in 1816.

^{Note 54 in page 524} Different adaptations for the stage were produced but none with music by Weber. The most popular stage version was Holbein's Fridolin which Irving had seen in Prague. Cf. Journals, i, 212.

^{Note 55 in page 524} Malsburg had adapted Livius' Maid or Wife for the Dresden theatre. Cf. footnote 40.

^{Note 56 in page 525} Cf. footnote 52 and Irving's next notation Journal 1823–1824, p. 147.

^{Note 57 in page 525} “Do not give yourself any trouble about Abu Hassan & the Freyschütz. You have enough already to occupy you, & it would be only time & trouble thrown away” (“Correspondence of Irving and Payne,” p. 478). Yet as late as September 11, 1825, Irving was toying with the idea of writing a play for Kemble. Cf. Journals, ii, 154.

^{Note 58 in page 525} “Livius calls on me—Distressed about his sister—wishes me to carry message to Dana [Dance] ... declined carrying message to Dana.” Journal 1823–1824, p. 152. Barham's youngest sister Harriet had married a Mr. Dance.

^{Note 59 in page 525} Journal 1823–1824, p. 187.

^{Note 60 in page 525} Ibid., p. 239.

^{Note 61 in page 525} Journals, ii, 12.

^{Note 62 in page 525} The Freyschütz; / or, the / Wild Huntsman of Bohemia. A Romantic Opera, / in three Acts, / altered from the German by / Barham Livius, Esq. The music composed by the Chevalier Carl Maria de Weber / maitre de Chapelle to the King of Saxony, and Director of / the Opera at Dresden. / First Performed / at the / Theatre Royal Covent Garden / Thursday, Oct. 14, 1824. / London: / Printed for John Miller, New Bridge Street, / Blackfriars / 1824. (Two Shillings and Six-pence.)/

^{Note 63 in page 526} Critics generally accepted Livius as the translator. Cf. the following quotations from The Drama or Theatrical Pocket Magazine, i, 174: “The heinous, ungrammatical, exclamational, interjectional and most horrible composition of Barham Livius Esq.” and vii, 46–47: “The opera which was translated by Mr. Livius, was given out for repetition with thunders of applause. There was a £500 in cash in the house.”

^{Note 64 in page 526} The Wild Huntsman by Washington Irving (with an introduction by George S. Hellman). The Bibliophile Society (Boston, 1924). At the end of the introduction (pp. 17–18), Hellman says: “What happened to Livius's manuscript, if it was ever written, is not known.”

^{Note 65 in page 526} Irving actually found it necessary to intercede with a publisher in behalf of Livius. Irving and Livius had been together with James Robinson Planché (not Joseph Planche as Hellman says) in Paris on September 3, 1824. The following month Irving records: “Called on Livius—read me a very conceited, ungentlemanlike letter from Planché about ‘Freischütz‘—wrote letter to Miller in his behalf.” Journals, ii, 19, 46.

^{Note 66 in page 527} Even for the preface of Der Freischütz, Irving “wrote hints for Livius' introduction.” Cf. entries in Journals ii, 32. Also Irving's admonition to Payne: “I shall be satisfied with any bargain you may make; recollect only, that I do not wish my name, on any account, to appear in connexion with them.” “Correspondence of Irving and Payne,” p. 478.

^{Note 67 in page 528} The Wild Huntsman, p. 72. Livius in his version (p. 17) cuts the speech by about half but keeps the same phraseology.

^{Note 68 in page 528} London Times, October 15, 1824.

^{Note 69 in page 528} Cf. Allardyce Nicoli, op. cit., ii, 367.

^{Note 70 in page 528} Cf. the constant references to popular continental pieces which Irving discussed or forwarded to Payne during these years in the Irving-Payne Correspondence. Scribner's Magazine, xlviii, (October and November, 1910), 461–482, 597–616.

^{Note 71 in page 529} Cf. Journals, ii, 54,62 ff. Léocadie, an opera by Auber (libretto by Scribe and Mélesville) opened on November 4, 1824.

^{Note 72 in page 529} Cf. such entries as: “call at Livius' and return music of ‘Flauto Magico’—get ‘Marriage of Fig[aro]’—Livius gives me ‘Il Bondicani’ to look over” or “Livius came in ... and gave him Ms. of Léocadri [sic]—he left more Ms.” or “touched up Livius' play,” or “Livius calls—leaves Mss. of play.” Journals ii, 55, 65, 66, 75.

^{Note 73 in page 529} Journals, ii, 59. Apparently Livius had invested heavily in theatrical ventures in London as implied in his letter to Böttiger cited above.

^{Note 74 in page 529} Journal 1823–1824, p. 178.

^{Note 75 in page 529} Journals, ii, 12.

^{Note 76 in page 529} Ibid., pp. 75, 79.

^{Note 77 in page 529} Cf. Allardyce Nicoli, op. cit., ii, 335. Elsewhere (i, 83) the author refers to the great popularity of this material which appeared in London in five versions.

^{Note 78 in page 530} Allardyce Nicoll, op. cit., i, 85–86.

^{Note 79 in page 530} Carl Maria von Weber corresponded with Livius at this address late in 1825. Cf. note 52.

^{Note 80 in page 531} The different titles used by Livius raise the question whether they may not have been assumed. Possibly the “Captain” merely reflects his enthusiasm for this venture instead of referring to his actual rank as a navigator. Another manuscript reference to him as “Captain” is quoted by Hellman in the introduction of Abu Hassan, p. 14.

^{Note 81 in page 531} For details of this ill-fated scheme, cf. S. T. Williams, The Life of Washington Irving, i, 196–197 and 288–289.

^{Note 82 in page 531} All recent identifications (L. C. cards, etc.) take their information from Frederic Boase: Modern English Biography, which has already been cited. The basic source for the death date seems to be the obituary column of the London Times of January 17, 1865, which records: “On the 14th inst. at his residence, Worthing, Charles Barham Livius, Esq. Friends will kindly accept this intimation.” Despite the unexpected addition of the name “Charles,” which may be an error (that crept into the newspaper article and has been perpetuated ever since) or merely a whim of the man who already had used the names of John Barham, Barham John, or simply Barham Livius interchangeably, there can be little doubt about his identity.