The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-29
CARLISLE TO LAWYERS
FORMER SECRETARY OF TREASURY
ON TERRITORIAL ACQUISITION.
He IL of Opinion that the Constitution
Extends over Porto Rico and
the Philippines

SARATOGA, Aug. 2.-John G. Carlisle.
Of New York, former secretary OF the
treasury, delivered the annual address be-
fore lie American Bar Association to-day.
lie spoke upon the power Of the United
States to acquire and govern territory,
which, he said. was a question growing out
Of the acquisition OF territory from Spain.
Unless the Constitution is changed, which
Is hardly probable. said Mr.. Carlisle. the
law is the same whether the territory is
located in the eastern or western hemi-
sphere. He next touched on the Limitation
Of the power to acquire territory under
the Constitution OF the United States, and
referred TO the power to declare war and
10 make treaties. The territory acquired
by military occupation. the speaker de-
rlared. is held by the same until Congress
can meet and substitute civil for military
government. Congressional power to gov
srn acquired territory was dwelt on at
some length and the Porto Rico incident
In regard 70 imports and exports, was al
Iuded to by the speaker. Porto Rico and
the Philippines cannot be domestic for one
purpose and foreign for another purpose"
he said Mr.. Carlisle quoted from decisions
handed down by the United States Supreme
Mr.. Carlisle said, in addition, that the
right Of discovery is acknowledged by in
ternat.onal authorities. The power TO &C
nuire territory is derived from the same
power the right to declare war. Not
Dnly is the power TO acquire admitted, but
also the right TO govern is admitted. Il
don't believe that the power to tax peo-
pie, 10 prescribe political rights and priv
ueges.' he said, goes to the extent of de-
priving them OF a say in the conduct Of af-
- vi hgr sell
X not property in the sense Of depriving its
Inhabitants Of the power Of gOVernOrShip.
The government IN territory when ratihed
by treaty becomes de facto, although
administered by the military. The func-
lions Of the latter. after the recognition
of territory as a part of the new owner,
are merely TO preserve order. to protect
the interests of the people. to see that they
shall enjoy the liberties of subjects of the
governing country.
when the treaty with Spain ratified
Porto Rico and the Philippines became
domestic. The Philippines could not become
domestic for one purpose and foreign for
another. IL was held. however, that Porto
Rico and the Philippines did not become
domestic under the meaning of the revenue
laws. The Constitution was supposed to be
In force in Porto Rico when it BECAME a
part of the United States. The traf with
Porto Rico is domestic trade and the au-
thorities of the port of New York have
ruled that the regulations governing yes
sells trading in foreign trade did not apply
10 those trading with Porto Rico.
The Constitution does not expand or
contract, but extends wherever our bOun-
daries extend. As the territory of a county
expands so Is the jurisdiction enlarged; or
Is decreased if the territory diminishes.
The nature and source of jurisdiction is
the same"
In the section of patent, trademark and
copyright law to-day the principal ad-
dress was made by L. L. BOND. of Chicago.
Among papers submitted was Evils of the
Present System of Producing Evidence I'm
Equity Cases and Remedy Therefor" by
Charles Martindale, OF Indianapolis.