how absolutely foregone is that conclusion. For myself I would not vote for Dakota nor for this bill, unless she were divided-not even to conform to the wishes of every one of her people, whether expressed separately by North and South Dakota or by the Territory as a whole. My reasons have already been given, and they are insuperable.

'I would, therefore, yield to the Senate in that regard. The vote on the division is not a matter of great consequence, in view of the fact that it will not delay admission, and division is beyond peradventure.

"As to the third idea of admitting these Territories by proclamation of the President, I am entirely content, as I have said before. There are precedents as well as reasons for such action; and in view of long and irritating delays such precedents and reasons should have emphasis. I would follow them as to the other Territories which have provided Constitutions, and whose Constitutions, if they do not remain as the will of the people, may be resubmitted under such conditions as the conference made provide."

In opposition to this position, Mr. Breckenridge, of Kentucky, said: "The principle of the omnibus bill which justified the putting of four Territories into one bill was that each Territory which had a population sufficient for one Representative and wealth sufficient to maintain the burden of a State government should be admitted into the Union. It was on that principle, and that principle only, that an omnibus bill could be justified. Now we are asked to exclude from the bill New Mexico, which has all the requisites of Statehood, and to violate this principle, upon the sole ground that the Senate of the United States will not be in favor of the admission of that Territory, and this argument is made prior to the conference report being submitted to the Senate and prior to any instructions by that body to its conferrees. It is our declaration in substance that we do not desire to admit New Mexico, and our justification of that declaration by laying it to the Senate, without the Senate having declared by instruction to its conferrees that it agreed with us in that declaration. Therefore, the argument is not based upon the record, even if it were one that ought to influence us.

"It is not at all certain that if this House, representing the people, will insist that these four Territories shall become States the Senate will take the responsibility of holding those Territories any longer in a Territorial condition. If it be true that New Mexico ought to be admitted, if it be true that we think upon our official responsibility as representatives of the people that it ought to be admitted, it is our duty to throw the responsibility of excluding that Territory upon the co-ordinate branch of Congress and let it refuse to do what is right; and it is not becoming in us to say that we will recede from a righteous act giving Statehood to two hundred thousand people on the mere guess that the Senate will order its conferrees not to agree to the admission of New Mexico. It is the only Territory in this bill whose admission has congressional approbation. In the Forty-third Congress a large majority of the Senate and the House voted that this Territory was then fit for Statehood; and in the Forty-fourth Congress the Sen

ate (which is a continuous body, not dissolved, as the House is, every two years) reaffirmed this Senatorial judgment that New Mexico ought to be admitted. It is therefore the only Territory of which it can be said that both Houses of Congress have conceded, when it was more sparsely populated and less wealthy, that it was in a condition to be admitted into the Union.

"But, Mr. Speaker, admission into the Union is of itself a very great step in advance for a Territory. It is the cause of increased and more rapid development. And of all the Territories this remark will apply more truthfully and strongly to New Mexico than to any other. In the treaty by which we obtained New Mexico there were provisions about the titles of land which still remain to plague those people and to render their titles uncertain. Perhaps the greatest curse that a new country can have inflicted upon it is an uncertainty in the titles to its lands. Where a man can not buy a clear title to his homestead, especially when just across the line he can obtain cheap lands with perfect titles, he will not settle and invest his means. shall never have those titles cleared up except under the sovereign power of the State in whose courts they can be settled. There are questions growing out of Indian depredations and other questions which need behind them for speedy settlement the power of a State.

We

"We declared fourteen years ago that New Mexico ought to be admitted. We declare it now. Why should she not be admitted? Gentlemen say, Because if you insist upon it you keep other communities from being admitted to privileges to which they are entitled.' The answer I make is: 'I do not; there is no such responsibility upon me; it is not I who do it.' I deny that this House, until the very last effort has been exhausted, until every possible endeavor has been made by conference, by respectful insistence, by earnest advocacy of the measure which we think just, has the right to surrender to the Senate what we believe to be proper. It is at the last moment that the wise statesmanship which resides in practical concessions is to be found. It is a violation of our duty and an abdication of our prerogatives if we give up before it is necessary.

"As to the proclamation, I am in favor of letting these Territories come in by proclamation when they fulfill the requirements of the statute. I have no desire to delay them. I would like to go a step further. I would like to put in the other Territories. I would like to put into this omnibus bill, if it were possible to do it, the Territories of Wyoming, Arizona, and Idaho; I would like to make a clean sweep, by having Utah admitted as soon as may be practicable. I would like to get rid of the "carpet-bag" government of the Territories. I would like to get rid of the anomalous condition we are in so long as we legislate at Washington for those great Territories. I believe they would, as States, increase with a great deal more rapidity. I believe the whole system of Territorial government is a mistake-a system which has grown up by accretion out of, perhaps, mistaken construction of very narrow provisions of the Constitution. And I believe that the rings and syndicates which can eat up those lands and control those Terri

tories, because we are so far from them, and because we legislate in ignorance of their true condition, would find an end to their pilfering as soon as we make those Territories States.

"I therefore, Mr. Speaker, approach this subject, not as an enemy to the Territories, not as opposed to their adinission, but as anxious for their admission as rapidly as possible. I trust that the House will insist until the very last possible moment upon this provision in favor of New Mexico. The responsibility will not rest upon us of keeping this and other Territories out of the Union by reason of a policy which will not admit a State that is ready to be admitted, whether such action grows out of political or religious prejudice, whether it grows out of the mere desire for political power, or whether it is based upon prejudices which find their root in religious differences. We ought to tender to the Senate in the name of a representative Union the proposition for this Territory to become a State, a Territory which they have said was competent for the duties of Statehood. If the Senate does not choose to accept this tender it is not our fault.

For myself, Mr. Speaker, as to the whole political aspect of this question, I am not alarmed about it. I have no feeling of alarm as to the

future.

"If the party to which I belong can not win the suffrages of those Western people; if by the arguments that will be submitted to them and by their sense of what is best for them, and by the exercise of intelligence we can not carry those States, then it is the duty of my party to submit to the verdict, and we can not complain if it be against us. Believing it important that we should get further and further from these Territorial and other disturbing questions; believing that until we get down to the great economic differences between parties we shall always have less strength than when when we reach that issue, I am anxious for all these questions to be settled as quickly as possible."

In adopting the instructions there was a division of the question, and the House voted separately on each clause Feb. 14 and 15, there being some disposition shown to delay action. The vote on the instruction clause of the resolution was, yeas 148, nays 103.

Feb. 20, the conference committee's report was submitted and adopted as follows:

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill of the Senate (S. 185) to provide for the admission of South Dakota into the Union and for the organization of the Territory of North Dakota, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House to said bill and agree to the same with an amendment, namely: Strike out all of said amendment and in lieu thereof insert the following:

SECTION 1. That the inhabitants of all that part of the area of the United States now constituting the Territories of Dakota, Montana, and Washington, as at present described, may become the States of North Dakota, South Dakota, Montana, and Washington, respectively, as hereinafter provided.

SEC. 2. The area comprising the Territory of Dakota shall, for the purposes of this act, be divided on the line of the seventh standard parallel produced due

west to the western boundary of said Territory; and the delegates elected as hereinafter provided to the Constitutional Convention in districts north of said parallel shall assemble in convention, at the time prescribed in this act, at the city of Bismarck; and the delegates elected in districts south of said parallel shall, at the same time, assemble in convention at the city of Sioux Falls. "SEC. 3. That all persons who are qualified by the laws of said Territories to vote for representatives to the Legislative Assemblies thereof, are hereby authortions in said proposed States; and the qualifications ized to vote for and choose delegates to form convenfor delegates to such conventions shall be such as by the laws of said Territories respectively persons are required to possess to be eligible to the Legislative Assemblies thereof; and the aforesaid delegates to form said conventions shall be apportioned within the limits of the proposed States in such districts as may the population in each of said counties and districts, be established as herein provided, in proportion to as near as may be, to be ascertained at the time of making said apportionments by the persons hereinafter authorized to make the same, from the best information obtainable, in each of which districts three delegates shall be elected, but no elector shall vote for more than two persons for delegates to such conthe Governor, the Chief Justice, and the Secretary of ventions; that said appointments shall be made by

said Territories; and the Governors of said Territories shall, by proclamation, order an election of the delegates aforesaid in each of said proposed States, to be held on the Tuesday after the second Monday in May, 1889, which proclamation shall be issued on the 15th day of April, 1889; and such election shall be conducted, the returns made, the result ascertained, and issued in the same manner as is prescribed by the the certificates to persons elected to such convention laws of the said Territories regulating elections therein for delegates to Congress; and the number of votes cast for delegates in each precinct shall also be returned. The number of delegates to said conventions respectively shall be seventy-five; and all persons resident in said proposed States, who are shall be entitled to vote upon the election of delegates, qualified voters of said Territories as herein provided, and under such rules and regulations as said conventions may prescribe not in conflict with this act, upon the ratification or rejection of the Constitutions.

"SEC. 4. That the delegates to the conventions elected as provided in this act shall meet at the seat of government of each of said Territories, except the delegates elected in South Dakota, who shall meet at and, after organization, shall declare on behalf of the city of Sioux Falls, on the 4th day of July, 1889, the people of said proposed States that they adopt the Constitution of the United States; whereupon the said conventions shall be, and are hereby, authorized to form Constitutions and State governments for said proposed States, respectively. The Constitutions shall be republican in form, and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said conventions shall provide, by ordinances irrevocable without the consent of the United States and the people of said States:

"1. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said States shall ever be molested in person or property on account of his or her mode of religious worship.

2. That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain

an equitable division of all property belonging to the Territory of Dakota, the disposition of all public records, and also adjust and agree upon the amount of the debts and liabilities of the Territory, which shall be assumed and paid by each of the proposed States of North Dakota and South Dakota; and the agreement reached respecting the Territorial debts and liabilities shall be incorporated in the respective Constitutions, and each of said States shall obligate itself to pay its proportion of such debts and liabilities the same as if they had been created by such States respectively.

3. That the debts and liabilities of said Territories shall be assumed and paid by said States, respectively.

4. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all the children of said States, and free from sectarian control.

"SEC. 5. That the convention which shall assemble at Bismarck shall form a Constitution and State government for a State to be known as North Dakota, and the convention which shall assemble at Sioux Falls shall form a Constitution and State government for a State to be known as South Dakota: Provided, That at the election for delegates to the Constitutional Convention in South Dakota, as herein before provided, each elector may have written or printed on his ballot the words For the Sioux Falls Constitution,' or the words Against the Sioux Falls Constitution,' and the votes on this question shall be returned and canvassed in the same manner as for the election provided for in section 3 of this act; and if a majority of all votes cast on this question shall be For the Sioux Falls Constitution' it shall be the duty of the convention which may assemble at Sioux Falls, as herein provided, to resubmit to the people of South Dakota, for ratification or rejection at the election hereinafter provided for in this act, the Constitution framed at Sioux Falls and adopted November 3, 1885, and also the articles and propositions separately submitted at that election, including the question of locating the temporary seat of government, with such changes only as relate to the name and boundary of the proposed State, to the reapportiontment of the judicial and legislative districts, and such amendments as may be necessary in order to comply with the provisions of this act; and if a majority of the votes cast on the ratification or rejection of the Constitution shall be for the Constitution irrespective of the articles separately submitted, the State of South Dakota shall be admitted as a State in the Union under said Constitution as hereinafter provided; but the archives, records, and books of the Territory of Dakota shall remain at Bismarck, the capital of North Dakota, until an agreement in reference thereto is reached by said States. But if at the election for delegates to the Constitutional Convention in South Dakota, a majority of all the votes cast at that election shall be Against the Sioux Falls Constitution,' then and in that event it shall be the duty of the convention which will assemble at the city of Sioux Falls on the 4th day of July, 1889, to proceed to form a Constitution and State government as provided in this act the same as if that question had not been submitted to a vote of the people of South Dakota.

"SEC. 6. It shall be the duty of the Constitutional Conventions of North Dakota and South Dakota to appoint a joint commission, to be composed of not less than three members of each convention, whose duty it shall be to assemble at Bismarck, the present seat of government of said Territory, and agree upon

"SEC. 7. If the Constitutions formed for both North Dakota and South Dakota shall be rejected by the people at the elections for the ratification or rejection of their respective Constitutions as provided for in this act, the Territorial government of Dakota shall con

passed. But if the Constitution formed for either North Dakota or South Dakota shall be rejected by the people, that part of the Territory so rejecting its proposed Constitution shall continue under the Territorial government of the present Territory of Dakota, but shall, after the State adopting its Constitution is admitted into the Union, be called by the name of the Territory of North Dakota or South Dakota, as the case may be: Provided, That if either of the proposed States provided for in this act shall reject the Constitution which may be submitted for ratification or rejection at the election provided therefor, the Governor of the Territory in which such proposed Constitution was rejected shall issue his proclamation reconvening the delegates elected to the convention which formed such rejected Constitution, fixing the time and place at which said delegates shall assemble; and when so assembled they shall proceed to form another Constitution or to amend the rejected Constitution, and shall submit such new Constitution or amended Constitution to the people of the proposed State for ratification or rejection, at such time as said convention may determine; and all the provisions of this act, so far as applicable, shall apply to such convention so reassembled and to the Constitution which may be formed, its ratification or rejection, and to the admission of the proposed State.

"SEC. 8. That the Constitutional Convention which may assemble in South Dakota shall provide by ordinance for resubmitting the Sioux Falls Constitution of 1885, after having amended the same as provided in section 5 of this act, to the people of South Dakota for ratification or rejection at an election to be held therein on the first Tuesday in October, 1889; but if said Constitutional Convention is authorized and required to form a new Constitution for South Dakota it shall provide for submitting the same in like manner to the people of South Dakota for ratification or rejection at an election to be held in said proposed State on the said first Tuesday in October. And the Constitutional Conventions which may assemble in North Dakota, Montana, and Washington shall provide in like manner for submitting the Constitutions formed by them to the people of said proposed States, respectively, for ratification or rejection at elections to be held in said proposed States on the first Tuesday in October. At the elections provided for in this section the qualified voters of said proposed States shall vote directly for or against the proposed Constitutions, and for or against any articles or propositions separately submitted. The returns of said elections shall be made to the Secretary of each of said Territories, who, with the Governor and Chief Justice thereof, or any two of them, shall canvass the same; and if a majority of the legal votes cast shall be for the Constitution, the Governor shall certify the result to the President of the United States, together with a statement of the votes cast thereon and upon separate articles or propositions, and a copy of said Constitution, articles, propositions, and ordinances. And if the Constitutions and governments of said proposed States are republican in form, and if all the provisions of this act have been complied with in the formation thereof, it shall be the

duty of the President of the United States to issue his proclamation announcing the result of the election in each, and thereupon the proposed States which have adopted Constitutions and formed State governments as herein provided shall be deemed admitted by Congress into the Union under and by virtue of this act on an equal footing with the original States from and after the date of said proclamation.

"SEC. 9. That until the next general census, or until otherwise provided by law, said States shall be entitled to one Representative in the House of Representatives of the United States, except South Dakota, which shall be entitled to two; and the Representatives to the Fifty-first Congress, together with the Governors and other officers provided for in said Constitutions, may be elected on the same day of the election for the ratification or rejection of the Constitutions; and until said State officers are elected and qualified under the provisions of each Constitution and the States, respectively, are admitted into the Union, the Territorial officers shall continue to discharge the duties of their respective offices in each of said Territories.

"SEC. 10. That upon the admission of each of said

States into the Union sections numbered 16 and 36 in every township of said proposed States, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of Congress, other lands equivalent thereto, in legal subdivisions of not less than one quarter section, and as contigious as may be to the section in lieu of which the same is taken, are hereby granted to said States for the support of common schools, such indemnity lands to be selected within said States in such manner as the Legislature may provide, with the approval of the Secretary of the Interior: Provided, That the sixteenth and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this act, nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants or to the indemnity provisions of this act until the reservation shall have been extinguished and such lands be restored to, and become a part of, the public do

main.

"SEC. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the Legislature shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one person or company; and such land shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only.

SEO. 12. That upon the admission of each of said States into the Union, in accordance with the provisions of this act, fifty sections of the unappropriated public lands within said States, to be selected and focated in legal subdivisions as provided in section 10 of this act, shall be, and are hereby, granted to said States for the purpose of erecting public buildings at the capital of said States for legislative, executive, and judicial purposes.

"SEC. 13. That 5 per cent. of the proceeds of the sales of public lands lying within said States which shall be sold by the United States subsequent to the admission of said States into the Union, after deducting all the expenses incident to the same, shall be paid to the said States, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State, respectively.

"SEC. 14. That the lands granted to the Territories of Dakota and Montana by the act of Feb. 18, 1881, entitled 'An act to grant lands to Dakota, Montana,

Arizona, Idaho, and Wyoming for university purposes,' are hereby vested in the States of South Dakota, North Dakota, and Montana, respectively, if such States are admitted into the Union, as provided in this act, to the extent of the full quantity of seventy-two sections to each of said States, and any portion of said lands that may not have been selected by either of said Territories of Dakota or Montana may be selected by the respective States aforesaid; but said act of Feb. 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said States severally, and the income thereof be used exclusively for university purposes. And such quantity of the lands authorized by the fourth section of the act of July 17, 1854, to be reserved for university purposes in the Territory of Washington, as, together with the lands confirmed to the vendees of the Territory, by the act of March 14, 1864, will make the full quantity of seventy-two entire sections, are hereby granted in like manner to the State of Washington for the purposes of a university in said State. None of the lands granted in this section shall be sold at less then $10 per acre; but said lands may be leased in the same manner as provided in section 11 of this act. The schools, colleges, and universities provided for in this act shall forever remain under the exclusive control of the said States, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. The section of land granted by the act of June 16, 1880, to the Territory of Dakota, for an asylum for the insane shall, upon the admission of said State of South Dakota into the Union, become the property of said State.

"SEC. 15. That so much of the lands belonging to the United States as have been acquired and set apart for the purpose mentioned in An act appropriating money for the erection of a penitentiary in the Territory of Dakota,' approved March 2, 1881, together with the buildings thereon, be, and the same is hereby granted, together with any unexpended balances of the moneys appropriated therefor by said act, to said State of South Dakota, for the purposes therein designated; and the States of North Dakota and Washington shall, respectively, have like grants for the same purpose, and subject to like terms and conditions as provided in said act of March 2, 1881, for the Territory of Dakota. The penitentiary at Deer Lodge City, Mont., and all lands connected therewith and set apart and reserved therefor, are hereby granted to the State of Montana.

SEC. 16. That 90,000 acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said States, except to the State of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said States, as provided in the acts of Congress making donations of lands for such purpose.

"SEC. 17. That in lieu of the grant of land for purposes of internal improvement made to new States by the eighth section of the act of Sept. 4, 1841, which act is hereby repealed as to the States provided for by this act, and in lieu of any claim or demand by the said States, or either of them, under the act of Sept. 28, 1850, and section 2,479 of the Revised Statutes, making a grant of swamp and overflowed lands to certain States, which grant it is hereby declared, is not extended to the States provided for in this act, and in lieu of any grant of saline lands to said States, the following grants of land are hereby made, to wit:

"To the State of South Dakota: For the School of Mines, 40,000 acres; for the Reform School, 40,000 acres; for the Deaf and Dumb Asylum, 40,000 acres ; for the Agricultural College, 40,000 acres ; for the university, 40,000 acres; for State normal schools 80,000 acres; for public buildings at the capital of said State,

50,000 acres; and for such other educational and charitable purposes as the Legislature of said State may determine, 170,000 acres; in all 500,000 acres.

To the State of North Dakota a like quantity of land as is in this section granted to the State of South Dakota, and to be for like purposes, and in like proportion as far as practicable.

"To the State of Montana: For the establishment and maintenance of a school of mines, 100,000 acres ; for State normal schools, 100,000 acres; for agricultural colleges, in addition to the grant herein before made for that purpose, 50,000 acres; for the establishment of a State reform school, 50,000 acres; for the establishment of a deaf and dumb asylum, 50,000 acres; for public buildings at the capital of the State, in addition to the grant herein before made for that purpose, 150,000 acres.

"To the State of Washington: For the establishment and maintenance of a scientific school, 100,000 acres; for State normal schools, 100,000 acres; for public buildings at the State capital, in addition to the grant herein before made for that purpose, 100,000 acres; for State charitable, educational, penal, and reformatory institutions, 200,000 acres.

"That the States provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act. And the lands granted by this section shall be held, appropriated, and disposed of exclusively for the purposes herein mentioned, in such manner as the Legislatures of the respective States may severally provide. "SEC. 18. That all mineral lands shall be exempted from the grants made by this act. But if sections 16 and 36, or any subdivision or portion of any smallest subdivision thereof in any township shall be found by the Department of the Interior to be mineral lands, said States are hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said States, in lieu thereof, for the use and the benefit of the common schools of

said States.

"SEC. 19. That all lands granted in quantity or as indemnity by this act shall be selected, under the direction of the Secretary of the Interior, from the surveyed, unreserved, and unappropriated public lands of the United States within the limits of the respective States entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said States the number of acres in each heretofore donated by Congress to said Territories for similar objects.

"SEC. 20. That the sum of $20,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to each of said territories for defraying the expenses of the said conventions, except to Dakota, for which the sum of $40,000 is so appropriated, $20, 000 each for South Dakota and North Dakota, and for the payment of the members thereof, under the same rules and regulations and at the same rates as are now provided by law for the payment of the Territorial Legislatures. Any money hereby appropriated not necessary for such purpose shall be covered into the Treasury of the United States.

"SEC. 21. That each of said States, when admitted, as aforesaid, shall constitute one judicial district, the names thereof to be the same as the names of the States, respectively; and the circuit and district courts therefor shall be held at the capital of such State for the time being, and each of said districts shall, for judicial purposes, until otherwise provided, be attached to the Eighth Judicial Circuit, except Washington and Montana, which shall be attached to the Ninth Judicial Circuit. There shall be appointed for each of said districts one district judge, one United States attorney, and one United States marshal. The judge of each of said districts shall receive a yearly salary of $3,500, payable in four equal installments, on the 1st days of January, April, July, and October of each year, and shall reside in the district. There shall be appointed clerks of said courts in each district, who

shall keep their offices at the capital of said State. The regular terms of said courts shall be held in each district, at the place aforesaid, on the first Monday in April and the first Monday in November of each year, and only one grand jury and one petit jury shall be summoned in both said circuit and district courts. The circuit and district courts for each of said districts, and the judges thereof, respectively, shall possess the same powers and jurisdiction, and perform the same duties required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and clerks of the circuit and district courts of each of said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States; and shall, for the services they may perform, receive the fees and compensation allowed by law to other similar officers and persons performing similar duties in the State of Nebraska.

"SEC. 22. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the supreme court of either of the Territories mentioned in this act, or that may hereafter lawfully be prosecuted upon any record from either of said courts, may be heard and determined by said Supreme Court of the United States. And the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district court hereby established within the State succeeding the Territory from which such record is or may be pending, or to the supreme court of such State, as the nature of the case may require: Provided, That the mandate of execution or of further proceedings shall, in cases arising in the Territory of Dakota, be directed by the Supreme Court of the United States to the circuit or district court of the district of South Dakota, or to the supreme court of the State of South Dakota, or to the circuit or district court of the district of North Dakota, or to the supreme court of the State of North Dakota, or to the supreme court of the Territory of North Dakota, as the nature of the case may require. And each of the circuit, district, and State courts herein named shall, respectively, be the successor of the supreme court of the Territory as to all such cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed within the same, and award mesne or final process therein; and that from all judgments and decrees of the supreme court of either of the Territories mentioned in this act, in any case arising within the limits of any of the proposed States prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States as they shall have had by law prior to the admission of said State into the Union.

"SEC. 23. That in respect to all cases, proceedings, and matters now pending in the supreme or district courts of either of the Territories mentioned in this act at the time of the admission into the Union of either of the States mentioned in this act, and arising within the limits of any such State, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said Territory; and in respect to all other cases, proceedings, and matters pending in the supreme or district courts of any of the Territories mentioned in this act at the time of the admission of such Territory into the Union, arising within the limits of said proposed State, the courts established by such State shall, respectively, be the successors of said supreme and district Territorial courts; and all the files, records, indict