The Sun.
London, England, 1858-07-09 00:00:00

LONDON., FRIDAY, JULY 9, 1858.

The Government of India Bill has passed the
representative branch of the Legislature. Not-
withstanding the energetic opposition offered by
Lord PALMERSTON to several of its provisions he
gave it at the last moment " not a grudging but a
cordial and hearty assent!" Lord JOHN RUSSELL,
too, saw "many redeeming features in the bi .1 whic►h
met his cordial approlettioli" and dismissed it, with
benedictions, to the Upper House. The men who
were prepared to curse remained to bless ; and we
can scarcely conceive that any formidable obstruc
tions will impede its progress through the Upper
House. Lord STANLEY has more than justified
the hopes that were entertained on his behalf.
He has passed through the serious ordeal to which
he was subjected with the utmost etact. It was
an unmitigated triumph. As the Times declares
—and the community at large endorses the vet-
diet --he " deserves no little credit for his rxer-
tions, and the success which has attended them.
He fought the bill with skill and firmness through
committee," adding, amid the complaints of a
dearth of geniu., "it is gratifying to find a man,
little over thirty years of age, who has shown
himself fitted for the highest posts in a Parlia-
mentary Government."

This eulogium has been fully merited. That
which threatened to be a rock ahead has added to
the strength and stability of the Government.
Nor is it in one department only that praise has
been merited. Lord MALME3BIIRY has achieved
verdant laurels at the Foreign-office. Mr. DIMAELI
mirabile dicta, succeeded in framing a budget that
received the unanimous applause of the commu-
nity. The Home-office has been judiciously
managed, and the Secretary for the Colonies has
given earnest of the stuff that is in him, by his
admirable bill respecting New Caledonia. How dif-
ferent would it have been bad Lord PALMERSTON
and the gang of mediocrities with whom he was
associa.ted remained in cffics! We shall shortly have
a cessation of party conflicts. Parliaalent will
1:4) proroguO, but Ministers will not be idle, for
they do not claim to hold power by right divine.
Thai do not 'Beek to exercise despotic away over
independent Members, and they will use the
vacation to some purpose in preparing judicious
measures, which will retain for them the con-
fidence and respect they have so honourably
earned.

Gold has been discovered iu large quantities in
a portion of the ffildson's Bay Company's terri-
tories, and the necessity of a strong and well-
organised Governtnent ha 3 beeorile palpable, Sir
E. has lost DO time in bringing in a
judicious measure on the subject-, which last nigiLt
received its second reading. .

The charter of the Company will shortly ex-
pire, and there is not the slightest possible chance
of its renewal. • The extensive and valuable
domains that have been made the haunts of wild
beasts, and from which mankind have been care-
fully cm,:iutded, must now be brought under con-
trol and nianz,Zenl,;:rt• If we rwgri.-ct Liao );aluAlo
property, it will be looked to by others, The

wart sacra fames will attract adventurers from every
nation—men who will recognise no law but that
of the strong hand, and set order and regularity at
defiance. If there be not properly-conscituted
tribunals, those of Judge " Lynch" will be brought
1 into operation, and evils may arise whicla it would
take years to remedy.
The measure just brought forward by Sir E. B.
LYTTON seems well calculated to aticain the objects
for which it has been prepared. It may require
amendment after a few years' experience of its
working, but it is certainly afa good as could be
framed on tha spur of the moment. It professes
to be but for a limited period, until 1862, so
that whatever may be the result, it may be either
confirmed or amended, after full experience of its

operation. 1
One thing is quite clear. The Company that
has so greatly misapplied what were literally golden,
opportunities, must submit to the termination of
its rule. The Hudson Bay's territories
must be brought under the direct influ-
ence of the Crown, and colonies establishel
for which we venture to predict "a good time
coming." The new Secretary for the Colonies
has already displayed a degree of zeal, energy, and
judgment, for which he is entitled to the thanks
and gratitude of the community, and which give
earnest of future well-doing in the important de-
partment over which he now presides. We may
add that we emphatically prctested against the
grant of Vancouver's Island to the Ccmpany
when it was made, and we rejoice to perceive that
an adequate reined; will at last be provided for
that grave mist?,ke.

REGINA v. BARBER promises to become a '
" leading case among the causes celebres that have
arisen under the criminal code. It proves that
even the much vaunted trial by jury does not
afford full and complete protection to inno-
cent persons, and that 12 impartial men,
desirous of returning a true verdict according to
the evidence, may occasionally fall into a fatal
mistake, ruinous to the interests and destructive
to the happiness of one of their fellow subjects.
As we long since earnestly advocated the cause
of Mr. BARBER, and demanded for him some rc-

compence so far as mere pecuniary matters were
concerned, we may be permitted to advert to the
soundness of the opinions we then put forward,
which have since been so fully and completely
verified and established. _ _

Mr. BARBER was a solicit )r of established cha-
racter and reputation. By a sound knowledge of
his profession, combined with great talent, inde-
fatigable industry, and unblemished rectitude, he
had realised considerable profits, his income previous
to 1844 averaging more than 2,0001. per annum.
He gave employment to nine clerks, and there was
nothing in his office that had not the advantage of
the master's eye and the master's attention.
There was nothing, therefore, surprising in the
prosperity that attended his efforts. But a terrible
calamity was impending, which showed the utter
uncertainty of sublunary affairs. Amongst his
clients ho numbered a certain Mr. FLETCHER, a
surgeon, who had on several occasions discovered
parties entitled to Government Stock of which
they were ignorant. Mr. BARBER had been en-
gaged in several bona fide cases for this man, in
whom he reposed unbounded confidence. FLET.
CHER, unfortunately, conceived the design of
turning his information to a dishonest purpose,
and forged certain wills and certificates of death,
in order to obtain unclaimed money for himself.
A discovery ensued, and FLETCHER and BARBER
were tried, in 1844, at the Central Criminal
Court, and both were convicted, and sentenced to
transportation for life. Possession was taken of
all Mr. BARBER'S property, as that of a convicted
felon, and his prospects in life were apparently
for ever blasted, and ho himself consigned
Ito slavery of the worst and most hopeless dia-
ractor.

Even at the very time serious doubts were en-
tertained respecting the propriety of the verdict.
There was unquestionably ground for suspicion,
but not that clear and convincing evidence that
brought guilt home to the accused. Every act
was consistent with his perfect innocence. He had
confided too much in a client whom he believed
to be au honest man, received very moderate costs,
and not a farthing more, and must have been
mad to have risked his well-established position
for so trivial an object. All these points were
ably and clearly urged, but in vain. The jury
returned an adverse verdict, the judge acted on
it, and pronounced the heaviest sentence which
the law permitted. Mr. BARBER, was sent out to
Van Dieman's Land with a batch of convicts of
the worst description, and the main object of the
criminal code, the protection and security of the
innocent, was grossly violated in his person.
We are not amongst those who believe that a

consciousness of innocence can enable a man to
sustain the heaviest trials with equanimity.
There is a burning sense of injustice, a deep feel-
ing of wrong, that causes greater agony than can
be endured by one who recognises the justice of
his punishment. We are bound, however, to
admit that Mr. BARBZR'S case was opposed to this
rule. Although the iron must have entered
deeply into his soul—although he endured the
most horrible torments that the refinement of
cruelty could suggest, he always displayed unpar-
ralleled patience and meekness. 0u his outware)
voyage he averted a mutiny that might ',aye
endangered the ship and crew, and given treedom
to the miserable convicts. And when arrived,
although subjected to the worst treatment, and
refused every indulgence that was bestowed even
on the most atrocious offenders, he endured it in
such a manner as to elicit the following testimonial
from the amiable and excellent chaplain of that
hell upon earth, Norfolk Leland :—" I have never
known a prisoner of the Crown who has been
subjected to greater wretchedness. I rejoice to
be able to add that I have never seen an instance
of more dignified suffering, accompanied by inva-
riably consistent conduct."
We shall not pollute our columns by stating
the nature of the trials which he was compelled
to endure, and under which his health was rapidly
breaking down. Suffice it to say that his inuc-
cence was at length clearly established. FLETCHER,
when dying, had confessed his innocence, and varie
ous circumstances corroborated that confession,
and rendered it strong as " proof of holy writ."
And what was then the course adopted towards
this deeply-injured man ? he received a. conditioned
pardon, and was turned out naked—his convict
-clothes having been taken away, and penniless, ar d
; might have perished before he could have reached
a civilised settlement, but for the kindness of
some good Samaritans in that den of atrocity.
he had literal!), to brq his way home. The
term may be strong—for there were wetly who
sympathized with Ms unmerited sufferings, and
earnestly endeavoured to smooth the rugged path
before him—but we mean by it that nothing was
provided by the Government that had confiscated
all his property. He received no public assistance
of any kind to bring him back. The conditional
II was changed for an absolute pardon when the
proofs of his innocent© were made still
eieardr, so IL:t uo dieintereeted or unpre-
judiced person could Qutertaill the slightest