TERRITORY. Apart of a country, separated from the rest, and subject to a particular jurisdiction1. The word is derived2 from terreo, and is so called because the magistrate3 within his jurisdiction has the power of inspiring a salutary fear. Dictum cat ab eo quod magistratus intra fines ejus terrendi jus habet. Henrion de Pansy, Auth. Judiciare, 98. In speaking of the ecclesiastical jurisdictions4, Francis Duaren observes, that the ecclesiastics5 are said not to have territory, nor the power of arrest or removal, and are not unlike the Roman magistrates6 of whom Gellius says vocationem habebant non prehen-sionem. De Sacris Eccles. Minist. lib. 1, cap. 4. In the sense it is used in the constitution of the United States, it signifies a portion of the country subject to and belonging to the United States, which is not within the boundary of any of them.
2. The constitution of the United States, art. 4, s. 3, provides, that "the congress shall have power to dispose of, and make all needful rules and regu-lations respecting the territory or other property of the United States; and nothing in this constitution shall be construed7, so as to preclude8 the claims of the United States or of any state."
3. Congress possesses the power to erect9 territorial10 governments within the territory of the United States; the power of congress over such territory is exclusive and universal, and their legislation is subject to no control, unless in the case of ceded11 territory, as far as it may be affected12 by stipulations in the cessions, or by the ordinance13 of 1787, 3 Story's L. U. S. 2073, under which any part of it has been settled. Story on the Const. §1322; Rawle on the Const: 237; 1 Kent's Com. 243, 359; 1 Pet. S. C. Rep. 511, 542, 517.
4. The only organized territories of the United States are Oregon, Minnesota, New Mexico and Utah. Vide Courts of the United States.
TERROR. That state of the mind which arises from the event or phenomenon that may serve as a prognostic of some catastrophe14 affright from apparent danger.
2. One of the constituents15 of the offence of riot is that the acts of the persons engaged in it should be to the terror of the people, as a show of arms, threatening speeches, or turbulent gestures; but it is not requisite16, in order to constitute this crime, that personal violence should be committed. 3 Camp. R. 369; 1 Hawk17. P. C. c. 65, s. 5; 4 C. & P. 373. S. C. 19 E. C. L. R. 425 4 C. & P. 538; S. C. 19 E. C. L. R. 616. Vide Rolle's R. 109; Dalt. Just. c. 186; 19 Vin. Ab. Riots, A 8.
3. To constitute a forcible entry, 1 Russ. Cr. 287, the act must be accom-panied with circumstances of violence or terror; and in order to make the crime of robbery, there must be violence or putting in fear, but both these circumstances need not concur18. 4 Binn. R. 379. Vide Riot; Robbery; Putting in fear.
收听单词发音 
