Territory

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Territory

Post by notmartha » Mon Jun 08, 2015 7:50 pm

Also see plane and area.

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DEFINITIONS

Webster’s Dictionary of the English Language, 1828
TER'RITORY, noun [Latin territorium, from terra, earth.]

1. The extent or compass of land within the bounds or belonging to the jurisdiction of any state, city or other body.
Linger not in my territories.
They erected a house within their own territory
Arts and sciences took their rise and flourished only in those small territories where the people were free.

2. A tract of land belonging to and under the dominion of a prince or state, lying at a distance from the parent country or from the seat of government; as the territories of the East India Company; the territories of the United States; the territory of Michigan; Northwest territory These districts of country, when received into the union and acknowledged to be states, lose the appellation of territory
TERRITO'RIAL, adjective [from territory.] Pertaining to territory or land; as territorial limits; territorial jurisdiction.

1. Limited to a certain district. Rights may be personal or territorial
Bouvier’s Law Dictionary, 1856
TERRITORIAL COURTS.

The courts established in the territories of the United States. Vide Courts of the United States.
TERRITORY.

1. Apart of a country, separated from the rest, and subject to a particular jurisdiction. The word is derived from terreo, and is so called because the magistrate 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 jurisdictions, Francis Duaren observes, that the ecclesiastics are said not to have territory, nor the power of arrest or removal, and are not unlike the Roman magistrates 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 construed, so as to preclude the claims of the United States or of any state."

3. Congress possesses the power to erect territorial 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 ceded territory, as far as it may be affected by stipulations in the cessions, or by the ordinance 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.
Black’s Law Dictionary, 1st Edition, 1891
TERRITORIAL, TERRITORIALITY.

These terms are used to signify connection with, or limitation with reference to, a particular country or territory. Thus, “territorial law” is the correct expression for the law of a particular country or state, although “municipal law" is more common. “Territorial waters” are that part of the sea adjacent to the coast of a given country which is by international law deemed to be within the sovereignty of that country, so that its courts have jurisdiction over offenses committed on those waters, even by a person on board a foreign ship. Sweet.
TERRITORIAL COURTS.

The courts established in the territories of the United States.
TERRITORY.

A part of a country separated from the rest, and subject to a particular jurisdiction.

In American law. A portion of the United States, not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized, with a separate legislature, and with executive and judicial oiiicers appointed by the president.
TERRITORY OF A JUDGE.

The territorial jurisdiction of a judge; the bounds, or district, within which he may lawfully exercise his judicial authority.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
Territorial

1. Of or pertaining to territory or land.

2. Limited to a certain district: as, rights may be personal or territorial.

3. Of or pertaining to one of the Territories of the United States: as, a Territorial governor; the Territorial condition
territory (ter'i-to-ri), «.; pi. territories (-riz).

1. The extent or compass of land and the waters thereof within the bounds or belonging to the jurisdiction of any sovereign, state, city, or other body; any separate tract of land as belonging to a state; dominion; sometimes, also, a domain or piece of land belonging to an individual.

2. Any extensive tract, region, district, or domain : as, an unexplored territory in Africa.

3. [cap.'] In the United States, an organized division of the country, not admitted to the complete rights of Statehood (see state, 13). its government is conducted by a governor, judges, and other officers appointed from Washington, aided by a Territorial legislature. Each Territory sends one delegate to Congress, who has a voice on Territorial matters, but cannot vote. Territories are formed by act of Congress, When a Territory has sufficient population to entitle it to one representative in the National House of Representatives, it is usually admitted by act of Congress to the Union as a State. Nearly all the States (except the original thirteen) have passed through the Territorial condition. There are now (l:iol) four organized Territories — New Mexico, Arizona, Oklahoma, and Hawaii : and there are also two unorganized Territories — the Indian Territory and Alaska. Several countries of Spanish America have a system of Territories analogous to that of the United states.
Black’s Law Dictionary, 2nd Edition, 1910
TERRITORIAL, TERRITORIALITY.

These terms are used to signify connection with, or limitation with reference to, a particular country or territory. Thus, "territorial law" is the correct expression for the law of a particular country or state, although "municipal law" is more common. "Territorial waters" are that part of the sea adjacent to the coast of a given country which Is by international law deemed to be within the sovereignty of that country, so that its courts have Jurisdiction over offenses committed on those waters, even by a person on board a foreign ship. Sweet
TERRITORIAL COURTS.

The courts established in the territories of the United States.
TERRITORY.

A part of a country separated from the rest, and subject to a particular jurisdiction.

In American law. A portion of the United States, not within the limits of any state, which has not yet been admitted as a state of the Union, but Is organized, with a separate legislature, and with executive and
judicial officers appointed by the president. See Ex parte Morgan (D. C.) 20 Fed. 304: People v. Daniels, 6 Utah, 288, 22 Pac. 159, SLR. A. 444; Snow v. U. S., IS Wall. 317. 21 L Ed. 784.

—Territory of a judge. The territorial jurisdiction of a judge ; the bounds, or district, within which he may lawfully exercise his judicial authority. Phillips v. Thralls, 26 Kan. 781.
The Concise Oxford Dictionary of Current English, 1919
Territorial, a. & n.

Of territory, as t. possessions, acquisition; limited to a district, as the right was strictly t.; (T-) of (any of) the U.S. Territories; (Eccl.) t. system (in which civil rule claims supremacy as a natural right, whence territorialism n.); t. army, force organized for home defence to replace the older bodies of militia, yeomanry, and volunteers; (n.) member of t. army. Hence territorially.
Territorialize, v.t.

Extend by addition of, reduce to state of, territory, [-ize]
territory, n.

Extent of land under jurisdiction of sovereign, State, city, &c. ; large tract of land; (U.S., T-) organized division of the country not yet admitted to full rights of a State.
The Pocket Oxford Dictionary of Current English, 1942
Territory, n.

Land or region under the dominion of a ruler or State (is on French t, rules vast t, an acquisition of t) (U.S.) part of the national t. separately organized but not yet given State rights T.)
Ballentine’s Law Dictionary, James A. Ballentine, Third Edition
territorial.

Pertaining or belonging to a territory of the United States.

territorial court.

A court in the judicial system of a territory of the United States. 49 Am J1st States § § 107. 131. Although the judicial system set up in a territory of the United States is part of the federal jurisdiction, the phrase “court of the United States,” when used in a federal statute, is generally construed as not referring to territorial courts.
territorial governor.

The chief executive of a territory of the United States.
territorial judge.

The judge of a court of a territory of the United States. See territorial court.
Territorial jurisdiction

The limits of the geographical boundaries of a district within which a judge or other judicial officer has jurisdiction to act judicially, and outside of which his judicial acts are null and void. The jurisdiction of a court in reference to the area in which the process of the court is affective. Jurisdiction subject to territorial limitations.

The jurisdiction of a court cannot extend beyond the territory belonging to the sovereignty on behalf of which it functions, and its jurisdiction may be further limited territorially, by constitutional or statutory provisions, to a part only of the territory of the sovereignty to which it belongs. 20 Am J2d Cts § 153.
Territorial limitation.

A charter limitation in reference to the territorial scope of the operations of the corporation. 36 Am J2d For Corp § 87. A limit upon the exercise of judicial power. Lynde v Winnebaco County (tS) 16 Wall 6. 21 L Ed 272. Limitation of jurisdiction to territory within certain definite boundaries. 20 Am J2d Cts § 153. A limitation on the operation of a statute to territory within the boundaries of a particular district or political division or subdivision. 50 Ani J 1st Stat § 485.

Territorial possessions.

All lands acquired by the United States by treaty or purchase which have not become an integral part of the United States, in other words, territory that has not been incorporated into the United States. Rassmussen v United States. 197 US 516.49 L Ed 862.25 S Ct 514.
Black’s Law Dictionary, 4th Edition, 1968
TERRITORIAL, TERRITORIALITY.

These terms are used to signify connection with, or limitation with reference to, a particular country or territory. Thus, "territorial law" is the correct expression for the law of a particular country or state, although "municipal law" is more common.

"Territorial waters" are that part of the sea adjacent to the coast of a given country which is by international law deemed to be within the sovereignty of that country, so that its courts have jurisdiction over offenses committed on those waters, even by a person on board a foreign ship. Sweet.
TERRITORIAL COURTS.

The courts established in the territories of the United States.
TERRITORIAL JURISDICTION.

Territory over which a government or a subdivision thereof has jurisdiction. State v. Cox, 106 Utah 253, 147 P.2d 858, 861.

Jurisdiction considered as limited to cases arising or persons residing within a defined territory, as, a county, a judicial district, etc. The authority of any court is limited by the boundaries thus fixed. See Phillips v. Thralls, 26 Kan. 781.
TERRITORIAL PROPERTY.

The land and water over which the state has jurisdiction and control whether the legal title be in the state itself or in private individuals. Lakes and waters wholly within the state are its property and also the marginal sea within the three-mile limit, but bays and gulfs are not always recognized as state property.
TERRITORY.

A part of a country separated from the rest, and subject to a particular jurisdiction.

American Law - A portion of the United States, not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized, with a separate legislature, and with executive and judicial officers appointed by the president. See Ex parte Morgan, D.C.Ark., 20 F. 298, 304; People v. Daniels, 6 Utah, 288, 22 P. 159, 5 L.R.A. 444; Ex parte Heikich Terui, 187 Cal. 20, 200 P. 954, 956, 17 A.L.R. 630.

Const. Amend. 18, prohibiting the transportation of intoxicating liquor within or the importation thereof into the United States and territory subject to its jurisdiction, uses the word "territory" as meaning the regional areas of land and adjacent waters over which the United States claims and exercises dominion and control as a sovereign power. Cunard S. S. Co. v. Mellon, 262 U.S. 100, 43 S.Ct. 504, 507, 67 L. Ed. 894, 27 A.L.R. 1306; International Mercantile Marine v. Stuart, D.C.N.Y., 285 F. 78, 81; State v.Morton, 31 Idaho, 329, 171 P. 495, 496.
TERRITORY OF A JUDGE.

The territorial jurisdiction of a judge; the bounds, or district, within which he may lawfully exercise his judicial authority. Phillips v. Thralls, 26 Kan. 781.
Black’s Law Dictionary, 5th Edition, 1979
Territorial.

Having to do with a particular area; for example, territorial jurisdiction is the power of a court to take cases from within a particular geographical area.
Territorial courts.

U.S. courts in each territory, such as the Virgin Islands. They serve as both Federal and state courts.
Territorial Jurisdiction.

Territory over which a government or a subdivision thereof has jurisdiction. State v. Cox, 106 Utah 253, 147 P.2d 858, 861. Jurisdiction considered as limited to cases arising or persons residing within a defined territory, as, a county, a judicial district, etc. The authority of any court is limited by the boundaries thus fixed. See also Extraterritorial Jurisdiction.
Territorial property.

The land and water over which the state has jurisdiction and control whether the legal title be in the state itself or in private individuals. Lakes and waters wholly within the state are its property and also the marginal sea within the three mile limit, but bays and gulfs are not always recognized as state property.
Territorial; territoriality.

These terms are used to signify connection with, or limitation with reference to, a particular country or territory. Thus, "territorial law" is the correct expression for the law of a particular country or state, although "municipal law" is more common.
Territorial waters.

Term refers to all inland waters, all waters between line of mean high tide and line of ordinary low water, and all waters seaward to a line three geographical miles distant from the coast line.
C. A. B. v. Island Airlines, Inc., D.C.Hawaii, 235 F.Supp. 990, 1002. That part of the sea adjacent to the coast of a given country which is by international law deemed to be within the sovereignty of that country, so that its courts have jurisdiction over offenses committed on those waters, even by a person on board a foreign ship. See Three-mile limit.
Territory.

A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical area under the jurisdiction of another country or sovereign power.

A portion of the United States, not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized, with a separate legislature, and with executive and judicial officers appointed by the president. See Trust territory. An assigned geographical area of responsibility; e.g. salesman's territory.
Territory of a judge.

The territorial jurisdiction of a judge; the bounds, or district, within which he may lawfully exercise his judicial authority.
Black’s Law Dictionary, 6th Edition, 1991
Territory.

A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical area under the jurisdiction of another country or sovereign power.

A portion of the United States, not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized, with a separate legislature, and with executive and judicial officers appointed by the president. See Trust territory.

An assigned geographical area of responsibility; e.g. salesman's territory.
WEX Legal Dictionary
Territorial jurisdiction

Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment. Furthermore, Rule 4 of the Federal Rules of Civil Procedure (and its amendments) clarifies how the question of territorial jurisdiction should be answered in Federal Court. Case law decisions relevant to questions of territorial jurisdiction include Ahrens v. Clark, 335 U.S. 188, EEOC v. Arabian American Oil Co., 499 U.S. 244, 248 (1991), and Rasul v. Bush, 542 U.S. 466 (2004).
Municipality

A political unit with a defined territory, corporate status, and usually some powers of autonomous government. Examples include cities, towns, and villages.
Property power

Under Article I, Section 3, Congress shall have the power "to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States".
MISCELLANEOUS CITATIONS

US Code 48 §2104
territorial instrumentality –

any political subdivision, public agency, instrumentality—including any instrumentality that is also a bank—or public corporation of a territory, and this term should be broadly construed to effectuate the purposes of this chapter.
US Code 18 §2280
territorial sea of the United States –

all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law.
US Code 33 §1362.
territorial seas –

the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.
US Code 50 §195
territorial waters of the United States –

all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.
DOS/ USAID, FAM, 7 FAM 1121.2‐1
territory –

an area over which the United States exercises sovereignty. The term is so used in the United
States Constitution, which provides that Congress shall have the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.
US Code 42 §300ff–88
territory –

each of American Samoa, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau.
US Code 22 §2656f.
territory and territory of the country –

the land, waters, and airspace of the country.
USC 28 § 1602, 1603.
Findings and declaration of purpose
Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.

Definitions

(c) The “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
No Treason, Lyslander Spooner, 1867
By what right, then, did we become “a nation?” By what right do we continue to be “a nation?” And by what right do either the strongest, or the most numerous, party, now existing within the territorial limits, called “The United States,” claim that there really is such “a nation” as the United States? Certainly they are bound to show the rightful existence of “a nation,” before they can claim, on that ground, that they themselves have a right to control it; to seize, for their purposes, so much of every man’s property within it, as they may choose; and, at their discretion, to compel any man to risk his own life, or take the lives of other men, for the maintenance of their power.

To speak of either their numbers, or their strength, is not to the purpose. The question is by what right does the nation exist? And by what right are so many atrocities committed by its authority? or for its preservation?

The answer to this question must certainly be, that at least such a nation exists by no right whatever.
Principles of Constitutional Law, Cooley, p. 182.
"Rules and regulations [Article Four, section three] for the territory of the United States may be of two kinds: First, those having regard to it as property merely, and intended to guard and improve it as such, and perhaps to prepare it for sale and sell it; and second, those which concern the government of the people who may reside within the territory before it is formed into a state."
Frederic Bastiat:
The mission of the law is not to oppress persons and plunder them of their property, even though the law may be acting in a philanthropic spirit. Its purpose is to protect persons and property.... If you exceed this proper limit -- if you attempt to make the law religious, fraternal, equalizing, philanthropic, industrial, or artistic -- you will then be lost in uncharted territory, in vagueness and uncertainty, in a forced utopia or, even worse, in a multitude of utopias, each striving to seize the law and impose it on you.
Mexican C. R. Co. v. Pinkney, 149 U.S. 194, 13 Sup.Ct. 859, 37 L.Ed. 699.
No court can, at common law, exercise jurisdiction over a party unless he is served with the process within the territorial jurisdiction of the court, or voluntarily appears;
MAXIMS

Extra territorium jus dicenti non paretur impune.
One who exercises jurisdiction out of his territory is not obeyed with impunity.

Statuta suo cluduntur territorio, nec ultra territorium disponunt–
Statutes are confined to their own territory, and have no extraterritorial effect.
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