The Sun.
London, England, 1831-08-02 00:00:00

LONDON, TUESDAY EVENING, AUGUST 2, 1831.

AMERICAN PAPERS.

We last night received New York Papers to th.
9th ult. The Americans celebrated, on the 4th
the 55th anniversary of their independence. More
than half a century is a long tet4t-for-tbe existence
of a pure democracy in modern times. We have
no room for a description of the festivities whicl
took place on the occasion ; but we may remark
that they were sufficiently enthu,iastic and general
to show that the Americans are not yet tired of
their republican institutions.
By a curious coincidence the Ex-President
Monroe died on the same day that his countrymen,
were celebrating the anniversary of that establish-
ment which his exertions had contributed to confirm
—and it is remarked by the American journalist,
that three out of the four Presidents dead since the
beginning of the republic have died on the same-
day. We think the article worth copying..
DEATH OF JAMES MONROE.

One melancholy event occurred in the course of
the day to repress the hilarity of the public, and mix
a decent gravity with their rejoicings. The vene-
rable James Monroe, a man loved for his virtues,
respected for his abilities, and honoured for his ser-
vices, breathed his last at half-past three o'clock, at
the advanced age of 72. This event occurred at the
house of his son-in-law, Samuel L. Gouverneur,
where he had resided for nearly a twelvemonth past,
during a great part of which time his health was ob-
viously and rapidly sinking under an accumulation of
infirmities. His death had for several days been
hourly expected; but it pleased Providence to pro-
long the flickering flame of life, until the 55th anni-
versary of that independence of which he had
been one of the principal founders and supporters,
and by its extinction then, to add another impressive
circumstance to those which stamp the 4th of July
as the most memorable day in the history of the
world. By a coincidence which has no parallel,
three of the four, Presidents of the United States
who have left the scene of their usefulness and their
glory, expired on the anniversary of the nat!onal
birthday—a day which, of all others, had it been
permitted them to choose, would probably have been
selected for the termination of their career;-and a day
which happily thus acquires a more hallowed cha-
racter, by being at once the anniversary of our na-
tional independence, and the death of the men who
stood conspicuous among those whose wisdom
planned, whose firmness established, and whose
lives and precepts will tend to perpetuate it.
" Of Monroe, we may here well repeat what was
said in this paper of Jefferson—' Over the death of
this distinguished man we cannot grieve : he has
gone to his rest on the day and hour he wished,
after seeing himself surrounded by millions of grate-
ful human beings, whom he, in common with the
other patriots of the revolution, had contributed to
render free, and happy, and independent.'
"James Monroe was born on Monroe's Creek,
Westmoreland County, Virginia, in September,
1758; the precise day we have been unable to
ascertain. He was descended from a respectable
Scotch family, distinguished for its loyalty and
patriotism. His ancestor, who came to this country
in 1G52, was a Captain in the army.of Charles 1.,
and was rewarded for his fidelity with a grant of
land by Charles 11. His father was Spence Mon-
roe, a farmer in the county of Westmoreland. His
mother was a sister of the• late Judge Jones, of
Virginia.
" James Monroe was educated at the college of
William and Mary, and subsequently studied law in
the office of Mr. Jefferson. On the first breaking
out of the revolution he entered the army as a vo-
lunteer, and before he was eighteen years old had
encountered all the rigours and privations of the
camp. He accompanied General Washington in his
celebrated retreat through New Jersey, and volun-
teered to join in the attack on the Hessians at
Trenton. He was at that period a Lieutenant in
the company of Captain Washington, and on the
fall of his superior was called upon to assume the
command. He was subsequently wounded in the
engagement while charging two pieces of the
enemy's artillery. In Colonel Trumbull's painting
of the Capture of the Hessians,' Lieutenant
Monroe appears prostrate and bleeding on the field.
On his recovery he became attached to the staff of
Genera! Lord Stirling, with the rank of Major
and afterwards fought beside Lafayette, when the
latter was wounded in the battle of Brandywine.
" Washington, confiding in his ability to organize
as additional corps for the army, recommended his
appointment to the command of a regiment of the
Virginia line. He was accordingly promoted to the
rank of Colonel, but before the regiment was com-
pleted the war had ceased. On h's retirement from
the service, he resumed the study and practice of
his profession, was shortly afterwards elected to re-
present his district in Congress, and from thence was
selected by Washington for a diplomatic appointment
abroad. His services in various and important civil
stations are well known. He was twice Governor
of his native State; was the associate of Pinckney
in a foreign mission ; and at another period, in
conjunction with the late Chancellor Livingston,
negotiated the important treaty with France which
added Louisiana to the territory of the United
States. On this event of his life, the venerable Ex,
President peculiarly loved to dwell; and in the full.
length likeness of him, which adorns the walls o

the Governor's room in the city hall, he is repre-
sented with the map of Florida and the Louisiana
treaty before him.

" He filled the Department of State under Ma-
dison, was a warm advocate of the late war, and
upon the resignation of General Armstrong and Mr.
Campbell, was appointed to discharge the duties of
the War and Treasury Departments. On the resto-
ration of peace he returned to the Department of
State, from whence he was elevated by the people
to the Presidential office, which he filled for two
terms to the satisfaction of the country, which,
under his administration, was highly prosperous.—
After his retirement from this distinguished station
he filled the humble office of justice of the peace
in the county of London ; was associated with Jef-
ferson and Madison in the founding of the Univer-
sity of Virginia; and subsequently war, chosen a
Member of the Convention for amending the Con-
stitution of his native state, by which body he was
elected to preside over their deliberations. This was
the last public office that he filled, and soon after
the adjournment of the Convention, he came to
this city, which will have the melancholy honour of
paying the last tribute of respect to his remains.—
The funeral will take place on Thursday afternoon,
at four o'clock, from the residence of Samuel L.
Gouverneur, Prince-street."

A HINT FOR PAGANINI.—One hears Of
nothing but Reform and the feats on a single string ; the
town are divided between the two. But Signor PAGANINI
must soon find out something fresh, if lie means to keep up
the excitement ; the harping on one string is proverbially
tiresome. Let me offer him a hint : Coxi,rcuus KETEr.,
a painter of the sixteenth century, made himself popular
by discarding his brushes, and painting with his fingers.
The novelty of this, however, beginning to wear off, he
had recourse to other tools, and painted with his toe-.
This stroke of cleverness proved eminently successful, and '
drew again crowds of admirers to his atelier, who, doubt-
less, brought up what was thus produced, at his own price.
COLLINS, the rival of PAGANINI in all that is wonderful,
seems to have anticipated my hint—he makes the string
play on the bow. Ido not know what the other can di,
more......Dilettaate, is ilarmonicen for Aug. 1.

11IR. BINGHAM BARING'S CASE.

(From the Examiner.)

The case of Mr. Bingham Baring rests thus-- a
court of justice which heard the evidence agains
'tim, and was open to any evidence for him, fount
him guilty ; the House of Commons, which has hear,'
oily the representations of his -relation, Mr. F.
Baring, himself a party concerned, and of his pro-
fessional friend, Mr. Sergeant Wilde, declares hin
blameless. A court of justice, which had cognizance
of the charges against the Deacles, dismissed then,
instantly as frivolous. The House of Commons ha=
entertained those charges, supported only by the
statement of Mr. F. Baring, who turns upon the ac-
cusation of the Deacles the defence of the conduct
of his kinsman and himself.
What are we to think of an assembly which has
formed a judgment favourable to Mr. Bingham
Baring on such grounds ? What are we to think
but that it is indeed high time for its reform ? The
effect of the evidence good in a court of justice
was set aside in the House of Commons—the evi-
dence not good in a court of justice having !seen
alone received, and allowed weight against that
which was good in law. The interested party, Mr.
F. Baring, was at once witness, accuser, and judge
He was witness for his relation, accuser of the
Deacles, and judge above the Assize Court, which
acquitted the Deacles of the charges of which Mr.
F. Baring, in his superior judgment, pronounces
them guilty.
The arrest of the Deacles is said to have been
the only one which, in the then state of the country,
was attempted without the aid of a military force.
Thus, for some reason unstated, the Messrs. Baring
seem to have volunteered the part of the military
force, and certainly to have acquitted themselves
without the professional gallantry. It is charitable
to suppose that they were much frightened. Mrs. D.
though small and delicate, would appear to have been
an alarming sort of a lady. She was seen, or said
to have been seen, on horseback among mobs,
like mischief on a green dragon, smiling at riot.
Perhaps the Messrs. Baring took compassion on the
King's troops, and considerately determined not to
send the poor fellows on so desperate a service as
the apprehension of this amazon and her mate. Or,
perhaps, the greatness of the enterprise fired them,
and they resolved to enact, for this occasion only,
the part of an army. Military had been employed
on all other arrests, and why not in this p was the
attempt more or less dangerous than usual ? Mr.
F. Baring gives us to suppose the former, and the
Barings, accordingly-, took the duty of a troop of
horse. Justice, with courage, is a thousand men;
but the justice seems, on this occasion, to have gone
without the courage. It was the Justice of the
Peace.

It was thought desirable that in executing the
warrant, any appearances should be avoided which
might indicate the business to the people. This,
Mr. F. Baring states, was the reason why a cart, an
open cart, was preferred to a post-chaise. A city
on a hill cannot be hid, and a constable in an open
cart cannot be seen. For sending a known officer
incog. there is obviously no conveyance like an open
carriage. Speed, too, was a great object—so great
a one, that the magistrates would not consent to
wait the harnessing of Mr. Deacle's horse, and for
speed, there is nothing, of course, comparable to a
cart. Doubtless, when any of the Barings desire to
travel expeditiously and privately, they fling them-
selves into open carts.
It is not denied that the Deacles were handcuffed,
but it is denied that they were handcuffed by order
of Mr. B. Baring. Mr. F. Baring, however, will
not tell by whose order this gallant manoeuvre was
executed, but at the time Mr. Bingham is said to
have been employed in keeping the enemy's artillery
in check, and watering the guns. Indeed, it must
throughout be borne in mind that these spirited
gentlemen were acting in lieu of an escort of
soldiers, which was necessary in such expeditions.
Mr. F. Baring claims the glory of carrying Mrs.
Deacle by a coup de main to the cart. He says,
that this dangerous little lady objected to walking
through the Mud to the cart, and that he carried
her merely to accommodate. The exhibition of his
wife in a stranger's arms must have been pleasant
to the husband, a handcuffed prisoner in the cart I
If Mr. Deacle had had his hands free, the spirit of
a \Vat Tyler might have moved them under such
provocation; but he had not his hands free, and
thence, perhaps, Mr. F. Baring's gallantry.
With respect to the blow alleged to have been
given to Mr. Deacle by Mr. Bingham Baring, Air.
F. declares, that his relation only touched the pri-
soner, when admonishing him not to meddle with
the reins. It is not the custom, we believe, for
gentlemen, who are strangers, to touch each other
with sticks in a civil way.

On the whole, the only important particular de-
nied, is Mr. Bingham Daring's alleged rude coioduct
to Mrs. Deacle, in carrying her to the cart; an act
which, rude or not rude, Mr. F. Baring takes to
himself.

L‘Every Althorp, however, said—
' gentleman who had heard the speech of his
Hon. Friendrd er
the Member for Portsmouth (Mr. F. Baring !)
and every one who should read that speech afterwards,
would be satisfied that the conduct of Mr. B. Baring, and
that of all the other magistrates, was perfectly justifiable—
(Hear, hear)—and that there was no harshness used which
y
country had not rendered absolutely necessary."
in
Now, how
gross is this ! Is it not proved, by the
the circumstances of the case, and the state of excitement
' not clear that the arrest(vexatious it
as '
tious; is it
was) could have been ma(
legood without the hand-
acquitta,l of the Court, that the arrest was vexa-
cuffing and indignities ? Is it not clear, that the
carting the prisoners was not the best means for the
object proposed, privacy and dispatch ?
It is true, as Mr. Horne remarked, that before
this affair no man stood more favourably in the
opinion of society than Mr. Bingham Baring, who
has, to our knowledge, had the esteem of the most
estimable ; but his fears must, in this case, have
given an irrational severity to his conduct. A man '
in circumstances of difficulty, or supposed difficulty
who is not of a resolute character, is never conside-
rate, and is hurried by his apprehensions into absurd
extremiti( s. Such a one is not fit for the exercise
of magisterial authority. Believing that he was
acting, with three or four others, in the place of a
military escort, Mr. B. Baring had probably a strong
impression of danger, and of the necessity for rigorous
measures. This is unlucky, but not justification.
Either troops should have been sent, as usual at
the period, or if they were not necessary, to com-
pel quiet submission to the warrant, a more gentle
and considerate treatment was due to the prisoners.
Colonel Evans's conduct, both in bringing forward
the case, and supporting the cause of truth and
justice against the partiality of the House, does him
very great credit.

SURREY ZOOLOGICAL GARDENS.—The
spot selected for these gardens, at Manor-house,Walworth,
is about fifteen acres in extent, and is adorned with stately
trees. There are about three acres of water, in which
there are Islands beautifully wooded. A neat circular
bailing has been constructed for the animals. Round it
there will be a conservatory, filled with choice handsome
exotics. In different parts of the garden there are huts
erecting which will afford shelter in bad weather for ani-
mals which are not to be confined. In addition to the
lake there are several smaller pieces of water, for foreign
wild fowls of the rarest kind. Zebras and alpacas are
already seen grazing in different directions; and altogethsi
the gardens have the appearance of an animated Tivoli.

PRICE 7D

LIMERICK ASSIZES.

John Comma/1 was capitally indicted for a rape
in Mary Brien. The prisoner was one of the police,
dment, well-looking young man, and appaecti!ly
much affected by his situation.
Mary Brien, a very pretty, modest-looking girl,
examined—Will be twenty-one next Michaelma, ;
knew the prisoner ; on the 30th of May she we:
into the barracks for him at Ambrusant ; he came
Out and walked with her to the race course; it was.
ibout eleven o'clock ; when they got to the race
course she wanted him cot to cross the race course
with her, not from any fear of the prisoner, she would
have trusted her life with him. (Here the poor g'rl
burst into a passionate flood of tears, and it took-
some minutes before she collected herself stalk.-
ently to proceed.) Her reason was lest he shou'd
get- blame for being absent so long from the bar-
racks ; he told her he could be back in time,
and even if he ►►'ere not, his character for steadiness
was such, that he could easily get excused ; he
went with her acrogi .the race-course, and at the
end of it lie told her he cotllti show her a beautiful
grove; they went into a grove; it was very thick
with trees, and very secret and retired; he threw
himself down on the grass, and kept looking about
him, he then sat upon the grass, and asked her to
sit down and rest herself, which she declined doing;
he then suddenly pulled her down by her clothe,.—
(Here the witness stopped, and crying, hid her face
:n her hands.)
Mr. WouLFE then pressed her to proceed—What
did he do after he pulled you down ? Witness—
He violated me.
Mr. WALsll—That won't do.

Mr. Woulfe repeated his question in various
ways ; and the witness, on being pressed for a long
time as to the particulars, cried a great deal, and
was about fainting, when the Judge ordered her a
glass of water, which she drank. Upon being again
addressed by Mr. Woulfe, she said, " he violated
me against my will."

Mr. WouLFE—Do you know the meaning of
" violation ?" Witness—Only too well.
Mr. WOULFE—Do you know the meaning of a
rape ? Witness—l do.

WouLr•r;—Were you ever used so before by
any man ? Witness—He (the prisoner) knows
well I never was.

Mr. Woulfe here submitted that there was legal
evidence to go to the Jury of the crime charged.
• Mr. llolwei Walsh denied that there was any;
the prisoner was not to be hanged upon inference;
there must be facts to enable the Jury to come to a
decision.

Mr. WouLFE—She swears the prisoner violated
her ; that kg raped her ; and she also swears that
she fully understands the meaning of those terms.
Surely this is evidence for the Juiy.
Mr. WALSH—Certainly not—an unmarried girl
of that age can know nothing of such crimes, except
by the commission of the facts which constitute
them, and those facts must be proved in evidence.
Baron PENNEFATHER— I think so too. I think
she must go farther, and tell us the facts.
Mr. WALSH—And not her opinion of those facts.
Baron PENNEFATHER--JUSt so.
Mr. WOULFE then resumed his examination, but
the repugnance of the witness was not to be over-
come, and though much pressed by the Counsel,
and even some of the Jury, she refused to make any
further disclosure.

Mr. Serjeant GooLD, who had just come in from
the other Court, strongly remonstrated with her
upon her false shame or wilful obstinacy, thus de-
feating the ends of justice.
'1 he poor girl, who was crying very much, hid
her face in her hands, and stated that she thought
she had said quite enough, and if they could not
understand her she could not help ir. She was
then removed from the Court-house in tears, and in
great distress of mind.

Some of the Jury expressed a strong wish that she
should be called back again.
Mr. Byrne, the agent for the prisoner, objected
to this, but the Judge allowed her to be called back.
After waiting for some time, Mt. Barrington re-
turned and said, nothing could induce her to come
into the Court again. The Jury then returned a
verdict of Not Guilty; upon which
Baron PENNEFATIIER addressed the prisoner, and
said to him, in a very emphatic manner, " Corne-
wall, if you have ill-treated that poor girl, and will
not make her the only redress in your power, I tell
you solemnly you will not be the better for it either
in this life or the next."

We were very glad to hear that this admonition
of the Learned Judge had the desired effect. The
pretty and modest Mary Brien is now Mrs. Come-
wall; they were married the same day, arid the
girl's friends gave her a purse of twenty guineas.

When the Duke of B. last visited Paris,
he was shown in the Museum, among other curiosities,
the anatomy of a remarkably large donkey. His Grace
appeared particularly attracted by this object, and, after
contemplating it for some time, he turned to his friends,
and exclaimed, " Alas ! we are fearfully and wonderfully
wade."

The composition of bread from saw-dust is
likely to become highly popular with parish Boards.

ORANGE PROCESSIONS-THE YEOMANRY.
--The LOAD LIEUTENANT has dismissed from the Yeo-
manry corps every member who has been proved to have
taken part in the Orange processions of the 12th inst.
His Excellency has thus vindicated the power as well as
the imperfect impartiality of his Government. It was the
fashion of the "Mob newspapers " to assail Lord ANGLE-
SEA by all sorts of calumnies at variance with the mode in
which it is well known he is resolved to govern. We
have often before stated that Lord ANGLESEA. is deter-
minated not to be awed by faction in the discharge of the
imortant duties of his elevated office. What he thinks
right to do, that he fears not to undertake, and let the
enemy of the peace of this country be of the party of the
Orange or of the Green—let him be high or low, for•
midable or contemptible—the power of the Government
shall be exercised to his discomfiture.—Dublin Times.

EARLY ENGLISII STYLE.—In comparing
the prose of Moss with the modern style, we must dis-
tinguish the words from the composition. A very smal'
part of his vocabulary has been superannuated. The
number of terms which require any explanation is incon-
siderable ; and in that respect the stability of the language
is remarkable. He is, indeed, in his words more English
than the great writers of a century after him, who loaded
their native tongue with expressions of Greek or Latin
derivation. CICERO, speaking of old CATO, seems almost
to describe IM RE. " His style is rather antiquated ;he
has some words displeasing to our ears, but which were
nthoetn,❑
)inoufan‘i,iliiialrtubseen.
r.
Lardner's Cabinet Cyclopeedia.
pCrelLarngneothsopseeatkeerrmst,o could
SOCIAL CULTIVATION OF MUSIC.—
Where several young ladica, sisters or friends, reside in
one family, there is an opportunity of bringing the social
harmony of voices to a kind of perfection, whirl, casual
intercourse can never lead to. In a country life the ACCOIII.-
plishment of music is especially graceful. What can
better befit morning or evening society in an harbour, or
in the shady recesses of a park or pleasure ground, than
an Italian arietta of MILLico or PAcszELLo, aided by a few
extempore touches of the guitar ? A glee sung by heart
will not render the labours of embroidery less interesting.
or badly occupy the interval between reading aloud. One
of the chief delights of ladies' work is, that it so little
engrosses the thoughts. Whie the fingers are mechani-
cally employed, they may, in a hundred ways, entertaie
themselves and those about them, as well with the music
of their voices as with the merry conceits of their wit and
faacy.—Harmonicon for Aug. 1.