The Express.
London, England, 1855-11-06 00:00:00

- LONDON, 2VBBD4Y, NOVEMBER fI.

" AND SOW basil r r exelabsed the rotates, d
Jersey in their memorable msnifisto : "ad so,'
sr the Z. "we banished these Visit MO
"Banish us." cried the victims el the coop Altai in
fall (we trust sot vain) madame that dwelling
withis the realms of the British Crown. they dwelt
also within the promotion of British law. " Yee. we
Daniell you," reply the journalists who aspire to lend
ths free prom of this free land, where the Bill of
Bights is of the very memos of the mastitudon—
" we banish you without charge. without proof, with-
out trial, sad without appeal, an the men flat et a
Liesteeent-Ooversor, delegated by a cansimion
from the British Crown to rule according to law
a substaotive portico ot the British dominions."
Can this, indeed, be law P Is it law generally
in the British Empire I` Is it law even in the
Chagos! Islands? And if so, ma sleek an opprobrious
erzesptlon to the general rules of British freedom be
ametiosed by the approval of the British Legislature,
or the sliest sequiesosam of the British people P
It is high time these questions should be asked sad
answered—it is high time we should look &boot us,
sad examine a little some of the familiar landmarks
of oar constitution, in order to satisfy ourselves that
ear boasted personal security is no idle vaunt, and
that the liberties of those who dwell under the sway
of Questa Ytorento, are as little liable to sudden in-
vades, by the high hand of power, as the liberties of
times who dwelt under the G 11010714 in the pre-
Ilineafte times before the Jersey mop deter.
Ia the first place, thee, is it true, as a smog rule
of law, that the Governor of a British tispollabey is
entitled, epos his own view of what the pabiallieltr
requires, to banish without trial, "out of Hs owe
mere esotios,"as the lawyers phrase it, any person who
may happen to be residing within the limits of that
dependency in allegiance, either temporary or pew
mousse, to the British Crowe P Fortunately we have
sot far to look for a decisive answer to this quads&
The coatrary was decided, mos for all, by an authority
fosse in the annals of our constitutional jurispro-
ens% and nifilciently well known to every tyro in
Illenlaineter-hail es the leading ease of "Fanuou O.
Masrve." The case was this : On the lit of &optics-
. her, 1771, when Chows 111. had been eleven years
IR the throne, and when the Island of Minors. still
*sd part of the dominions of the British Crown,
Nan Norm, who was then Governor of the island.
liar upon himself to act on that view of the law now
. gebssimed by the organs of Goveromeat, and pro-
seeded to lay hands on One ANTOWT FONINOAN, a NO.
• the Minorquisa, whom without promos or trial he

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summarily banished from Minorca to Spain 1 ant,
indeed, without some show of nano, for the said
Anent, as was alleged and not denied, had "than
and thorn been guilty of a riot, and we actually en-
deavouring to rains a mutiny among tho inhabitants

of the islaid." For this set of the Governor, ANTONY
brought his action spinet him in the Court of
Qasen's Bench; the Governor defended himself
ea the ground that Air mute's aoudad hod bees
seek as to justify him in doing what he
had dose, "as Gnome of the blend, for
the preservation of its pesos and security." The
cam came cm to be tried at Guildhall; the Jody at
the trial'overrulsd the Governor's plea; sad the jury
gave Fanntose a verdict with throe Amami poen&
damages. The Governor appealed to the Court above,
them presided over by Lord Maxima" and the
question was there solemnly argued whether
Morns bad each power se was necessary to justify
kismet. The Court deliberately decided that he had
sot; they utterly repudiated the notion that the
Governor of a British dependsucy eosW exercise
what amounted to a legislative power; they declared
that he was bat the Bing's meant, acting under his
commissioo, and bound to waste only the power
with which that commission invested him. They
farther declared that in sating as he had &am
1101111111 had injured FABILIOAS, " oontruy to the
duty of kis Aloe, and in violation of the tram reposed
in him by the Crown;' and they accordingly Amid
the ruling of the Jadge, sad enforced the verdict of
the jury.

This celebrated decision, which stands to this day
entirely unshaken, ss one of the bulwarks Our per
rights, finally established the doetriee, that the
powered summary banishment is not one that can,
sea general rule, be exercised by any Governor of a
British dependeacy. Bat it may be urged,
FABRIC!" though a native of Minorca, was yet, at
the time of hie deportation, a subject of England,
whereas the Jersey refuges, are not and have never
been so, but are merely aliens residing within the
British realms. This is so; bet it ounce be too
generally and extensively known, that as far as the
right to the enjoyment of personal security is con-
cerned, this distinction in feu makes no kind of
dif-
f in law. Au alien (unless, indeed, he be
the subject of a Power actually at war with
this country) se long u he resides in our
dominions and is amenable to oar laws, enjoys pre-
cisely the nine rights of personal murky as any
native born subject of the British Crown. As a
principle of the law of nations, this position never
admitted of a doubt; it is equally undoubted as a
principle of the law of England. As regards the
particular ease of summary deportation or banish-
ment, the very terms of the Act of 1848 afford a sort
of cumulative evidence as to the nature of the rights
of aliens at common law. That Act. which was only
Reseed for a year, and expired on the 11th July,
1849,without ever baring bees subsequently revived,
was not declaratory of the common law, bat in addi-
tion to Lit. It did not sanction the suselle
of a power which had previously
bat crested a new power which to the sows law
was wholly unknown. After reciting is Empemable
" that it is expedient iNt timid= esesdayetimpue
and tranquillity of thermals that praphiss doodle is
made for a time to be limited respesling allenef
goes on to declare that in curtain awe "il abatis
loarfisl" for certain high others to order alias be
depart the realm. It makes that lawful whisk air
not lawful before it pseud, and which weed 01, be
lawful the moment it expired. With the eximplienal
that brief statutory interregnum between the IlEi of
June, 1848, and the 9th of June, 1849, the general
law regarding the deportation of aliens remains, and
has remained, as the common law, confirmed by the
sue of " FAI/11:11111 O. Konen," had leftit ; sad that
is that in the AGM of aliens es well as nativism* an
set is sae unknown to our eonatitutkm and wane-
Honed by our practice—is a lawless swami= forming
the subject of a skim for passel redress, and peabh-
lage by demotes which jades weld not be niggardly

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