Benner v. Porter (1849) 50 U.S. 235, arose out of the failure of Congress to make proper provision for the transfer of cases pending in the territory of Florida upon its admission into the Union as a state. Upon this question, Mr. Justice Nelson, who delivered the opinion for the court, said: "On the admission of a territorial government into the Union as a state, the concurrence of both the federal and state governments would seem to be required in the transfer of the records, in cases of appropriate state jurisdiction, from the old to the new government. An act of Congress would be incapable of passing them under the state jurisdiction, as would be an act of the Legislature of the state to take the records out of the custody of the federal government. Both should concur. The like concurrent legislation would also seem to be required in respect to cases pending in this court for review on writs of error or appeal from the territorial courts, which appropriately belonged to state jurisdiction, to enable us to send down the mandate to the proper state tribunal for any further proceedings that might be necessary in the case." Speaking of the duty of Congress in this regard, Mr. Justice Nelson continued: "It is to be regretted that proper provision had not always been made by Congress, upon a change of government, in respect to the pending business in the territorial tribunals, so as to remove all embarrassment and perplexity on the subject. A very slight attention to the subject by Congress, at the time, would remove all the difficulties that have occurred in several of the states recently admitted." In that case, the Supreme Court of the United States, stresses the fact that the acts of Congress in the several instances of the admission of a state provide for the transfer of the federal causes to the district court, as in the case of Florida, nothing being said at the time in respect to those belonging to state authority, and the court added that such an omission "may very well imply an assent to the transfer of them by the state to the appropriate tribunal" - and adding that "even the omission on the part of Congress to interfere at all in the matter may be subject to a like implication; and a subsequent assent would doubtless operate upon past acts of transfer by the state authority." Mr. Justice Nelson. speaking for the court, said: "We have said that the assent of Congress was essential to the authorized transfer of the records of the territorial courts, in suits pending at the time of the change of government, to the custody of state tribunals. It is proper to add, to avoid misconstruction, that we do not mean thereby to imply or express any opinion on the question whether or not, without such assent, the state judicatures would acquire such jurisdiction. That is altogether a different question. And, besides, the acts of Congress that have been passed in several instances, on the admission of a state, providing for the transfer of federal causes to the district court, as in the case of the admission of Florida, already referred to, and saying nothing at the time in respect to those belonging to state authority, may very well imply an assent to the transfer of them by the state to the appropriate tribunal. Even the omission on the part of Congress to interfere at all in the matter may be subject to a like implication; and a subsequent assent would, doubtless, operate upon past acts of transfer by the state authority." It was also said: "There is no supreme court of the United States, nor is there any district court of the United States, in the sense of the constitution, in the territory of Utah. The judges are not appointed for the same term, nor is the jurisdiction which they exercise a part of the judicial power conferred by the constitution or the general government. The courts are the legislative courts of the territory, created by virtue of the clause which authorizes congress to make all needful rules and regulations respecting the territories belonging to the United States." It has been determined that the distinction between Federal and State jurisdiction under the Constitution of the United States has no foundation in our Territorial governments. The Court said: " They are legislative governments, and their courts legislative courts, Congress, in the exercise of its powers in the organization and government of the Territories, combining the powers of both the Federal and State authorities." The Supreme Court said: "The distinction between the federal and state jurisdictions, under the Constitution of the United States, has no foundation in these territorial governments; and consequently no such distinction exists, either in respect to the jurisdiction of their courts or the subjects submitted to their cognizance. They are legislative governments, and their courts legislative courts; Congress, in the exercise of its powers in the organization and government of the territories, combining the powers of both the federal and state authorities. There is but one system of government, or of laws operating within their limits, as neither is subject to the constitutional provisions in respect to state and federal jurisdiction. They are not organized under the Constitution, nor subject to its complex distribution of the powers of government, as the organic law; but are the creations, exclusively, of the legislative department, and subject to its supervision and control."