Territory

A part of a country organized distinctly from the rest, and subjected or subordinated in government or jurisdiction. In American constitutional law, after any region of the continent ceded to the United States has become settled sufficiently to require some form of government, and while the population has not yet become sufficiently numerous to call for admission to the Union, such region has usually been organized and governed federal constitution which declares that the congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property of the United States. {Const. art. 4, § 3.) Although it has been doubted whether this clause was ever designed to warrant the extensive acquisitions of territory which have been made, and the important jurisdiction which has been exercised, yet the doctrine has become firmly settled that congi-ess has power to acquire territory, and to exercise general legislation over it and its inhabitants from the time of acquisition till, by the inhabitants, with the consent of congress, a state government shall be created. The regions thus provisionally governed by congress are called the territories. The Cherokee Nation is a "territory" within the meaning of the word in Battle's N. C. Rev. eh. 35, § 8, regulating acknowledgments of deeds in another state or territory.

Whitsett V. Forehand, 79 N. C. 230.

Territorial courts

The territories are not states, within the meaning of that word as generally used in the statutes relative to the jurisdiction and powers of the courts of the United States, Campbell v. Read, 2 Wall. 198; accordingly, the distinction between the federal and state jurisdictions, under the constitution of the United States, does not exist as to the territories, either in respect to the jurisdiction or the subjects submitted to -the cognizance of their courts. They are legislative governments, and their courts legislative courts. Congress, in the exercise of its powers in the organization and government of the territories, combines the powers of both the federal and state authorities. Scott ii.

Jones, 5 How. 343.

The jurisdiction of these courts, therefore, is not restricted by the limits of the judicial power of the United States as defined in the constitution, Benner v. Porter, 9 liow. 235; and they are courts of the United States only in the sense that they are created by the government of the United States, and derive all their powers from the acts of congress. In the organized territories (except courts, and justices of the peace. Bev. Stat. § 1907. By the revised statutes, the supreme court of each territory consists of a chief justice and two associate justices, appointed for four years, who are required to hold an annual term at the seat of government of the territory. Each tei Titory is divided into three judicial districts, and a district court is prescribed to be held by one of the justices of the supreme court, at a time and place prescribed by law; and terms for causes in which the United States are not a party are held in the counties fixed by the laws of the territory. The supreme and district courts, respectively, possess chancery as well as common-law jurisdiction. Writs of error, bills of exceptions and appeals, are allowed in all cases from the final decisions of the district courts to the supreme court, under such regulations as may be prescribed by the territorial legislature. Justices of the peace are not given jurisdiction of any matter in controversy when the title of land may be in dispute, or where the debt or sum claimed exceeds one hundred dollars. The district courts have the same jurisdiction, in all cases arising under the constitution and laws, as is vested in the circuit and district courts of the United States; and the first six days of every term of the district courts, or as much as may be necessary, is required to be appropriated to the trial of causes arising under the constitution and laws; and writs of error and appeal in all such cases are to be made to the supreme court of such territory, as in other cases. A marshal and attorney are appointed, as are the judges, by the president and senate, and a clerk by each supreme court judge in his district. Many other details of organization and powers are prescribed by the revised statutes. Some embarrassment has been caused by questions of jurisdiction arising upon the change of the government of a territory into a state government. It is competent for congress to provide for the transfer of causes, whether civil or criminal, which are pending at the termination of the to a final disposition. Without such authority, cases pending in the territorial courts abate when the courts cease to exist by the change of organization. Forsyth v. United States, 9 How. 571. And see act of congress of June 12, 1858. What is known as the Indian territory must be excepted from the above general sketch of the organized territories of the United States: it is a region devoted to Indian reservations. Territory of a judge. An expression in old English jurisprudence for the district within which he has right of jurisdiction, and of deciding the causes proper to him, beyond which his acts as a judge are null.