The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-29
DELIVERED THE
ANNUAL ADDRESS
John G. Carlisle Speaks Before
American Bar Association.
ACQUISITION Of TERRITORY
LIMITATIONS OF POWER UNDER
THE CONSTITUTION.

CARAToGA, n. Y. Aug. 2s.-John G,
- Carlisle of New York, former sec
rotary of the treasury. delivered
the annual address before the Ameri-
can Bar association today. He spoke
upon the power of the United States to
acquire and govern territory, which, he
said. was. question growing out of the
acquisition of the territory from Spain
Unless the constitution is changed.
which is hardly probable, said Mr.. Car
isle the law is the same whether the
territory is located in the eastern or
western hemisphere.
He next touched upon the limitation
upon the power to acquire territory
under the constitution of the United
States, and referred to the power to de-
clare war and to make treaties. The
territory acquired by military occuDa-
ton, the speaker declared, is held by
the same law until congress can meet
and substitute civil for military gov
ernment Congressional power TO gov
ern acquired territory was dwelt upon
at some length, and the Porto Rico in
cident in regard to the imports and eX-
ports was alluded to by the speaker.
Porto Rico and the Philippines can
tlOt ne uOlleSilC LOT III Pose anu
foreign for another purpose. he said.
Mr. Carlisle quoted from decisions
handed down by the United States SUI
preme court TO uphold his contentious.
Mr.. Carlisle said. in addition, that the
right of discovery is acknowledged by
international authorities. The power
TO acquire territory is derived from the
same power as the right to declare war,
Not only is the power to acquire ad-
hut ole he rio RI II
admitted.
Il do not believe that the power to
take people, to prescribe present rights
and privileges" he said, goes to the
extent of depriving them of a safe con-
duct of affairs which concern them
selves. The territory is not property
in the sense of depriving its inhab-
itants of the power of government. The
government in a territory when rati-
fled by q treaty becomes de facto, al
though administered by the military
The functions 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, 70 see that they shall enjoy tho
liberties of subjects of the governing
country. When the treaty with Spain
was ratified Porto Rico and the Phil
ippines became domestic Those new
iOSStSSiOIS COuku IOI DSCOn1c uOI1SSIlC
for one purpose and foreign for an
other.
1T was held. however, that Porto
Rico and the Philippines did not be-
come domestic under the meaning OF
the revenue laws. The constitution
was supposed to be in force in Porte
Rico when it became a part of tbs
United States.
THE trade with Porto Rico is do
10 nd ha 80 r.
port of New York have ruled that the
regulations governing vessels trading
in. foreign trade did not apply to thoss
! trading with Porto Rico.
The constitution does not expand oil
contract. but extends wherever oul
boundaries extend. AS the territory OF
country expands, so is the jurisdic.
! ton enlarged, or is decreased if terri.
tory diminishes. The nature and source
I AE lILri l..