英文法律词典 T-17

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.