Page:The New International Encyclopædia 1st ed. v. 19.djvu/188

* TERRIER. 148 TERRITORIES. under one slioit, close, soft, and woolly, the top one o'-j inelics long, hard, straight, flat, and free from t_-Yi- or furl. The ears and tail are feath- ered «itli long soft hair and the tail is never car- ried liiglier than the line of the back. In color it is usually a liglit blue, gray, or fawn. The Clydes- dale, or Paisley, is practically a little Skye with smaller cars, set high and perfectly erect. It is covered with long silky hair, hanging in a fringe down the side of the head. The Yorkshire is also practically a smaller Skye, with a more silky coat. He is judged in two classes, one un- der five pounds and another from 5 to 12 pounds. The MaUese was the lap-dog of the Greeks and Komans of the classic period. He is a small, short-legged dog, not exceeding six pounds in weight, with pure white, rather transparent wavy hair, not less than seven inches long. It is called 'terrier' by its devotees, but it might as reason- ably be called a spaniel or toy dog. It has almost if not entirely disappeared from Malta. Consult authorities cited under Dog; and see Plates accompanying that article. TERRITORIAL WATERS. ^Yaters subject to the juri-dirtinn of a particular State, as op- posed to the high or open seas, which are free to all nations. Territorial waters comprise: First, inclosed waters, such as (a) lakes, rivers, and other inland waters wholly within the confines of a Stale; (b) lakes or rivers forming the bound- ary of a State, in which the control of the ri- parian States, in the absence of exclusive title vested in one of them, extends to the middle of the stream in the case of non-navigable rivers and in navigalile rivers to the middle of the deep- est channel, boundary lakes being governed by the same rules; (c) bays, straits, sounds, or arms of the sea within lieadlands belonging to the same State not exceeding two marine leagues apart. Second, uninclosed waters or the open sea to the distance of one marine league outward from low water mark. The status of straits, gulfs, and bays whose central waters lie more than a marine league from any shore and gulfs and bays having a narrow entrance, but broad in extent and reaching far into the land, is not yet clearly defined. They are sometimes claimed as jurisdictional waters, though little occasion has arisen in modern times for the assertion of the claim. To this class belong the bay of Concep- tion in Newfoundland; Delaware Bay, which the United States declared territorial water in 1793 ; and the 'King's Chambers,' as the waters lying between the headlands of Orfordness and the Foreland were called. The law relating to inclosed waters is settled. The State within whose territory they lie has title and dominion as well as jurisdiction over them. The title to the land under water and to the shore below high-water mark in navigable lakes and rivers in the United States and ports, harbors, bays, straits, sounds, or arms of the sea is vested in the particular States boimding thereon for the ])ublie use and benefit unless otherwise disposed of by such sovereign power, but always stdiject to the constitutional preroga- tive of the Federal Government of regulating in- terstate and foreign commerce thereon. In Eng- land and States adopting the common-law prin- ciple, these rules apjily only to tide waters, all other navigable streams being subject to ripa- rian ownership. (See Tide Waters.) Although the sovereignty to which the waters belong has exclusive jurisdiction both civil and criminal over its inclosed waters, a concurrent jurisdic- tion is sometimes given by usage or treatj' to the State of ownership over criminal acts committed on foreign vessels in such waters where its au- thority is not invoked and where the parties are exclusively foreign and no breach of the peace is committed. Where territorial waters form a channel of connnunication between two portions of the high sea, the right of innocent passage ex- ists to both the merchant and naval vessels of States at peace with the territorial power, sub- ject to the observance of reasonable regulations relating thereto. Navigation of the Dardanelles and the Bosporus by non-Turkish vessels is, however, not regulated by the rides of interna- tional law, but is the subject of special treaties between the powers. By the convention of Octo- ber 2!). 1SS8, the Suez Canal was made neutral to all nations. The law relating to the uninclosed waters is not so clearly defined. While claims to dominion over whole seas have vanished from international law, the last assertion being that of the United States to control over Bering Sea (see Bering Se. Controversy) for the protection of the seal fisheries, yet the process of departure has left behind a renniant of claims to territorial power over considerable stretches of water along the coasts of maritime States, though it is doubtful just how far some of these are alive at the pres- ent time. The nature of the sovereigntj' does not include ownership, but is a right of jurisdiction limited to the protection of its coasts from the efl'ect of hostilities between other belligerent States, the prevention of frauds upon its customs laws, the regulation of fisheries therein, and the usufruc- tory right to such fisheries. The valid exercise of these prescribed rights is limited to a marine league from low-'nater mark, and except to secure these, it may not make laws or interfere with the travel of ships over these waters. Apparent ex- ceptions to this rule are sometimes cited in the case of regulations requiring ships entering ter- ritorial waters to take on board a pilot at a greater distance than a league from the coast and imposing a penalty for failure to comply with such requirements and customs laws and Hover- ing Acts authorizing nninicipal seizures beyond a marine league. Of the latter class are the British acts of 1730 and 17S4, asserting jurisdiction for revenue purposes to a distance of four leagues and those of the United States in 1797, 1799. and 1807, to the same effect. Many other maritime nations have similar provisions in their laws. There is some doubt, however, whether the right to make such seizure for violation of customs acts could now be maintained against the remon- strance of a foreign State. See M.re Clausum; High Seas. TERRITORIES (OF. terriforie, Fr. terri- toire, from Lat. territorium, district, from terra, earth, land). The name given in the United States to certain parts of the national domain which have not been erected into States. In 1903 they were .rizona. New Mexico, Oklahoma, the Indian Territory, the District of Columbia, and .Alaska on the Continent, Porto Rico in the West Indies, and Hawaii, the Samoan Islands, Guam, and the Philippine Islands in the Pacific, aggre-