Marshall, John

The memorial of John Marshall of
Clarks party to His Excellency the
Govenor of the cape of Good Hope &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 16th Decr last the wife of memoralist lodged, a _
complaint against him, before Mr Rivers, for a break of the
peace, Memoralist waited on the Landrost on that day, also
on the 18th and on the 21 of the Month, but being preengaged
on each of those days with other business, the hearing
of his case was unavoidably postponed
On the 30th 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 he waited on Captn 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 Captn
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 business, 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 procured
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 surprise of Memoralist Captn Hope
then told him that he must give up certain articles of property
which his wife claimed as belonging to her, but this memorialist

possitively 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 Captn
Hope would put his threats into execution or not _
On the 3d of Janl Captn Hope saw Mr 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 communicated
to Memoralist on the following Morning by Mr
Peacock, on the 5th of the same Month Mr 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 Captn 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 Capn 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 necessary
afterwards, on the following day 6th Jany, Constable
Thos 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 Magistate,
and proceded, in the precense of Jh Honey _
Wm Wentworth _ H J Brooks

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 Captn Hope demanded that the Weaving apparel
only should be delivered up, but it will be seen by
the order delivered to Memoralist, copies of which are transmitted
herewith , that the demand afterwards extend to
every article necessary for a separate establishment
Memoralist humbly concurs that the local Magistrate
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 inteference
of a court of law to which alone Memoralist _
supposed to adjudication of such cases appertained, beleiving.
However that no such power has been deligated
to an individual, it was the intention of Memoralist
to have sought redress 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 submission and with full Confidence that he
will Reiceive from your Excellency such redress as
will render it unnecessary for him to put his original
intention into execution.
and your Memoralist as in duty bound will ever pray.
Feby 141823
John Marshall