Marshall, John

The memorial of John Marshall of /
Clarks party to His Excellency the /
Govenor of the cape of Good Hope 7+c /
Most respectfully showeth /
That memoralist having cause to complain /
of the conduct of one of the magistrate of this /
district, most respectfully request your Excellency /
to the following detail of his case _ . /
On the 16\th/ Dec\r/ last the wife of memoralist lodged, a _ /
complaint against him, before M\r/ Rivers, for a break of the /
peace, Memoralist waited on the Landrost on that day, also /
on the 18\th/ and on the 21\st/ of the Month, but being preengaged /
on each of those days with other busines+s, the hearing /
of his case was unavoidably postponed /
On the 30\th/ of the same month he was sent for by Captain /
Hope, but was not able to see him being to late for office /
hours, on the 31\st/ he waited on Capt\n/ Hope, and was informed /
by him that he must enter into a bond to keep the peace /
and also find Two Securities. Memorialist begged that Capt\n/ /
Hope would permit him to make a Statement of the case ; /
and allow him to produce evidence to prove that the greater /
part of the charge was false, and that throughout the whole /
of the affair the woman was in fault, But the Magistrate /
would hear nothing on the subject, saying that it was no part /
of his busines+s, and informed Memoralist that he must find /
two securities, but this the magistrate also refused, and again /
threatened him with the Trunk if they were not forth coming /
immediately, Finding there was no alternative but that /
of going to the Trunk or complying with the order, he procu=red /
two of the Townsmen who entered into the requested bonds, - /
and memoralist imagined the matter would remain at /
rest until a court of law should finally decide upon the /
case, _ but to the great su/r\prise of Memoralist Capt\n/ Hope /
then told him that he must give up certain articles of property /
which his wife claimed as belonging to her, but this memo=rialist /
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pos+sitively declined doing, till the case should /
be legally decided, upon which the Magistrate /
Said that he would compell him to give them up, and /
after some further discusion on the subject Memoralist /
left the Office without being certain whether Capt\n/ /
Hope would put his threats into execution or not _ /
On the 3\d/ of Jan\y/ Capt\n/ Hope saw M\r/ Peacock one of /
Memoralist bondsmen, and informed him that if the /
things were not deliverd up he would send out and /
take them by force, which information was communi=cated /
to Memoralist on the following Morning by M\r/ /
Peacock, on the 5\th/ of the same Month M\r/ George Dyason /
called Memorialist into his Office and advised him to /
give up the property which he declined, on the same day /
he had an interview with Capt\n/ Hope who ripeated /
his former threats of sending to your Memoralist , location /
and taking the goods by force if they where not /
quietly surrendered, to which Memoralist replied that /
he never would consent to surrender his property /
until the Matter was legally adjusted in a court of law /
In course of the Conversation which ensued Memoralist /
Stated that if Cap\n/ Hope sent a Constable to his house /
with a legal warrant to seize his goods by force, he /
would not forcibly oppose the execution of it, but /
that he would protest again such measures, and /
take such further Steps as he might judge neces+sary /
afterwards, on the following day 6\th/ Jany, Constable /
Tho\s/ Nilly and another person came to the house of /
Memoralist, and delivered him a written order to give /
up the property, which he declined, complying with; /
The constable then produced a warrant from the Magi=state, /
and proceded, in the precense of J\h/ Honey _ /
W\m/ Wentworth _ H J Brooks /
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to break open the house and Boxes of Memoralist and to /
take from thence property to the amount of Rds 433_6_ /
Memoralist most respecfully states that in the first /
instance Capt\n/ Hope demanded that the Weaving appa=rel /
only should be delivered up, but it will be seen by /
the order delivered to Memoralist, copies of which are trans=mitted /
herewith , that the demand afterwards extend to /
every article neces+sary for a separate establishment /
Memoralist humbly concurs that the local Mag=istrate /
was wholly unauthorised in the above proceding /
for if he be invested with the power of separating /
husband and wife, and making a division of the intefe=rence /
of a court of law to which [alone] Memoralist _ /
supposed to adjudication of such cases appertained, beleiv=ing./
However that no such power has been deligated /
to an individual, it was the intention of Memoralist /
to have sought redres+s by an action at law, but /
which intention he has Suspended, on hearing of your /
Lordship design to visit the Frontier, deeming it /
more respectful to lay his complaint in the instance /
before your excellency which he now does with the /
utmost submis+sion and with full Confidence that he /
will Reiceive from your Excellency such redres+s as /
will render it unneces+sary for him to put his original /
intention into execution. /
and your Memoralist as in duty bound will ever pray. /
Feby 14=1823 /
John Marshall /