Full text: Responsible government in the Dominions (Vol. 1)

392 PARLIAMENTS OF THE DOMINIONS [PART II 
[mperial Parliament, or by the statute of a local parliament 
to which the Crown has assented. If this delegation has 
taken place, the depositary or depositaries of the executive 
and legislative powers and authority of the Crown can 
exercise those powers and that authority to the extent 
delegated as effectively as the Crown could itself have 
oxercised them. The following cases establish these pro- 
positions : In re Adam, Donegani v. Donegani,? Cameron v. 
Kyte? Jephson v. Riera But as it is conceded that by the 
Law of Nations the supreme power in every State has 
the right to make laws for the exclusion or expulsion of 
aliens, and to enforce those laws, it necessarily follows that 
the State has the power to do those things which must be 
done in the very act of expulsion, if the right to expel is to 
be exercised effectively at all, notwithstanding the fact that 
constraint upon the person of the alien outside the boun- 
daries of the State or the commission of a trespass by the 
State officer on the territories of its neighbour in the manner 
pointed out by Mr. Justice Anglin in his judgement should 
thereby result. Accordingly it was in In re Adam definitely 
decided that the Crown had power to remove a foreigner by 
force from the Island of Mauritius, though, of course, the 
removal in that case would necessarily involve an imprison- 
ment of the alien outside British territory, in the ship on board 
of which he would be put while it traversed the high seas. 
The question, therefore, for decision in this case resolves 
itself into this: has the Act 60 & 61 Vict. c. 11, assented to 
by the Crown, clothed the Dominion Government with the 
power the Crown itself theretofore undoubtedly possessed to 
expel an alien from the Dominion, or to deport him to the 
country whence he entered the Dominion ? If it has, then 
the fact that extra-territorial constraint must necessarily 
be exercised in effecting the expulsion cannot invalidate 
the warrant directing expulsion issued under the provisions 
of the statute which authorizes the expulsion. 
It has already been decided in Musgrove v. Chun Teeong 
Toy that the Government of the Colony of Victoria, by 
virtue of the powers with which it was invested to make 
laws for the peace, order, and good government of the Colony, 
had authority to pass a law preventing aliens from entering 
the Colony of Victoria. On the authority of this case 
section 1 of the above-mentioned statute would be intra 
* 1 Moo. P. C. 460, at pp. 472-6. * 3 Knapp, 63, at p. 88. 
* 3 Knapp, 332, at p. 343. * 3 Knapp, 130. 
[1891] A. C. 272.
	        
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