Gentlemen of the House:

A member of your body tendered his resignation of his seat to the Board of Commissioners of the county of Racine, whose Clerk sent by mail to the Executive a certificate of the fact, dated on the 13th day of September last, and which was received here on the 18th. As this was an offer to the Commissioners to resign and not to the Governor, and as there was no session of the Assembly between its reception and the time of the general election, I did not think I was authorized by the law to issue a new writ of election, and therefore I now submit the subject, with the papers received, to you.

Gentlemen of the Council:

In the act of Congress to establish this Government I find the following sentence: "The Governor shall nominate, and by and with the advice and consent of the Council, shall appoint, all judicial officers, justices of the peace, sheriffs, and all militia, officers, except those of the staff, and all civil officers not herein provided for."

This is a duty, enjoined upon the Governor and Council, and from which neither can be relieved by an act of the Legislature. In those instances, therefore, where the Legislature has attempted to assume this power, or to delegate it to others, I shall feel it my duty to make nominations to you, that the offices may be filled by your advice and con

ent.

It appears by the Executive Record, that several persons were appointed to office by my predecessor, after his removal from the office of Governor.. Where appointments

are made by the Governor to fill vacancies, it is his duty to send the names of the persons he may have placed in commission, to the Council at its next session. The names of those who were thus appointed by my predecessor I cannot present to you, because it is my opinion he had no authority for performing any Executive act after he was removed.

It is a provision of the act to which I have referred, that "in case of the death, removal, resignation or necessary absence of the Governor from the Territory, the Secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the Governor during such vacancy, or necessary absence." Until his successor was qualified, it was therefore the duty of the Secretary of the Territory to fill all vacancies.

Gentlemen:

To this exposition of the affairs of our country and her interests, and of the views which I entertain respecting them, I beg leave to add the assurance, to the gentlemen of both Houses, that I shall earnestly endeavor to co-operate with them in all such measures as may be proposed by them, to correct the evils of government, to secure the civil and political rights of individuals, to strengthen the foundations of society, or to render more permanent the institutions of freedom.

The address having been concluded, the Council returned to their chamber and resumed business.

On motion of Mr. Arndt,

Ordered, That seven hundred copies of the address of the Governor be printed for the use of the Council. On motion of Mr. Strong, the Council adjourned until two o'clock this afternoon.

Two o'clock, P. M.

On motion of Mr. Strong, the Council was resolved inte committee of the whole, Mr. Maxwell in the Chair, for the consideration of resolution No. 1, entitled "Resolution. providing for receiving from the Treasury of the United States certain money;" and, after some time the commit-. tee rose and reported the resolution, with amendments thereto.

The amendments were concurred in; and the resolution was ordered to be engrossed for a third reading.

On motion of Mr. Collins, (three-fourths concurring therein,)

Ordered, That the 27th of the standing rules be suspended, in order that the resolution just considered may be read the third time now.

The resolution was thereupon read the third time and passed, and the title was agreed to.

On motion of Mr. Maxwell,

Ordered, That the Council do now proceed to the elec tion of a Secretary.

Messrs. Arndt and Vineyard were appointed tellers for

the purpose.

Mr. Strong nominated George Beatty for that office.

And the ballots being taken and counted by the tellers, it appeared that George Beatty had received twelve votes, and blank, one vote.

The President then declared George Beatty to be duly elected Secretary.

On motion of Mr. Strong,

Ordered, That the Council do now proceed to the election of an Assistant Secretary.

Mr. Vineyard thereupon nominated Jeremiah E. Dodge for that office.

And the ballots being taken and counted by the tellers, it appeared that Jeremiah E. Dodge had received eleven votes; J. H. Potter, one vote; and John E. Dodge, one vote.

The President then declared Jeremiah E. Dodge to be duly elected Assistant Secretary.

On motion of Mr. Maxwell,

Ordered, That the Council do now proceed to the elec tion of two transcribing clerks..

Mr. Maxwell thereupon nominated John F. Potter;
Mr. Bullen nominated C: Latham Sholes; and,

Mr. Upham nominated Charles Larkin.

And pending the election thereof,
Mr. Collins moved to adjourn,

Which was agreed to-ayes 9, noes 4.

And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arndt, Brigham, Collins, Learned, Maxwell, Rountree, Strong, Tweedy, and Upham:.

Those who voted in the negative, are Messrs. Bullen. Janes, Martin, and Vineyard..

So, the Council adjourned.

Saturday, December 11, 1841.

The President laid before the Council the Report of the Commissioners of the Milwaukee and Rock River Canal; Which was read, and,

On motion of Mr. Strong,

Ordered to be printed.

Mr. Janes presented the petition of the citizens of the village of Racine, asking for an additional term of the District Court of Racine county;;

Which was read, and laid on the table.

On motion of Mr. Collins,

Resolved, That a committee of three be appointed to act in conjunction with a similar committee to be appointed on the part of the House of Representatives, to report, joint rules and orders for the government of the Legislative Assembly, during its present session.