Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-08-29
ACQUISITION
OF TERRITORY.
Hon. John G, Carlisle Delivers an
Address on Subject,
LIMITATIONS OF POWER.
Constitution Does NOT Expand or con.
tract, but Extends Wherever our
Houndari,s Extend.

Saratoga n. Y, Aug. 2S--John G.
Carlisle Of New York formerly secre-
tary Of the treasury, delivered the an
nual address before the American Bar
association today. He spoke upon the
power Of the United States TO acquire
and govern territory. which, he said
was a question growing out Of the ac-
QUESTION 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
uEun the power 10 acquire territory UNI
der the Constitution Of the United
States and referred TO the power to de-
clare war and TO make treaties. The
territory acquired by military occupa-
ton, the speaker declared, Is held by
the same law until Congress can meet
and substitute civil for military govern
ment
Congressional power to govern ac-
quired territory was dwelt upon at some
length and the Porto Rico Incident in
regard TO the imports and exports wes
alluded 10 by the speaker Porto Rico
and the Philippines cannot be domestic
for one purpose and foreign for an
other purpose he said Mr. Carlisle
quoted from decisions handed down by
the United states supreme court to up
hold his contentious,
MIR. 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 10 declare war
Not only Is the power TO acquire admit
ted, but also the right to govern II adj
mltted.
II 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 O self con-
duct of affairs which concern Them
selves The terd.ory is not property in
the sense Of depriving It's inhabitants of
the power Of government. The gov
eminent In territory when ratified by
a treaty becomes de facto although adj
ministered by the military The func-
tons OF the latter. after the recognition
VI A'AA iNtA % a IfAiA Va AhN hNN 'Na ANAt
are merely TO preserve order. to pro-
tect the interests Of The people, TO see
that they shall enjoy the liberties Of
subjects Of the governing country,
When the treaty with Spain was rati-
fled Porto Rico and the Philippines be-
came domestic Those new possessions
could not become domeftio for one pur-
pose and foreign for another.
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 Porto
Rico when It became a part of the
United States, The trade with Porto
Rico is domestic trade and the author
titles Of the port of New York have
ruled that the regulations governing
vessels trading in foreign trade did not
apply to those trading with Porto Rico,
"The Constitution does not expand or
contract but extends wherever our
boundaries extend, As the territory OF
a country expands, so Is the Jurisdiction
enlarged, or Is decreased II territory
dlminishes. The nature and source OF
jurisdiction is the same