Mr. McCORMICK proposed to amend the resolution by way of substitute, by striking out and inserting a proposition to make the 4th section of the act authori"nine." zing the Convention, the subject of reference; which was read for information, but not entertained by the Chair.

The question on the motion to refer the resolution to a select committee of three, was then taken and carried The PRESIDENT subsequently appointed Messrs. SMITH, MCCORMICK and ROLL, to constitute said com

On motion of Mr. EWART, it was Resolved, That a select committee of five be appointed to report to the Convention the proper compensation for all the officers of this Convention not fixed by law.

Mr. SWAN offered the following resolution: Resolved, That the Auditor of State be, and he is hereby, requested to address circu ars to each of the county Auditors of this State requesting from them and each of them answers to the following inquiries:

First: What amount of indebtedness is your county authorized to incur by vote, or otherwise, forfrailroads and public improvemenis other than county buildings; and the date of the law, and the number of the volume and page, Statute Book authorizing such indebtedness?

SECOND. What is the present amount of indebtedness of your county; for what object the same was incurrred, deSiguating the amount for each object, and the kind of evidence of the debt issued by the county?

THIRD, What is the present market value of the evidence of debt mentioned in the preceding enquiry? FOURTH. What was the income, if any, in 1849, derived

to the county from the investments above referred to?

FIFTH. What is the present market value of the stock &c. which the county has received, or is entitled to on account of said indebtedness, or the probable amount for which said stock, &c. could be sold?

SIXTH. What is the total amount of taxes of your county for the year 1849?

Resolved, further, That the Auditor of State be and he is hereby requested to make up and communicate to this Con

law, provided that no bill or evidence of debt of a less denomination than five dollars, shall ever be issued or circulated as money in this State.

Fourth. The stockholders of every corporation or asso

be circulated as money, shall be responsible in their individ ual capacity for all the debts and liabilities of the same, of every kind whatever.

"The Committee to which was referred a resolution that the Secretary of State provide each of the members of this Convention with a volume containing the constituticns of the several States; also with the work entitled "the New Constitution," published by S. Medary; also that ths Ser-ciation for issuing bank notes or any kind of paper credit to geant-at-Arms be requested to furnish the members of this Convention with a copy of each of the collated copies of the Constitutions of the different States of the Union, and also a suitable number of the Journals and debates of the recent Constitutional State Conventions, and that the same be paid for out of the funds appropriated for that purpose by the last General Assembly. The committee after consulta tion, have directed me to report that it is inexpedient to purchase said books, Journals, &c., at the public expense, and to ask that they be discharged from the further consideration of the subject."

Mr. GREENE, of Defiance, offered a resolution to the effect that it should be in order, immediately after reading the Journal, for members to correct any errors in the authorized reports of the debates in the Convention, so that the weekly editions of the newspapers and the book edition of said debates should appear cor rect. Mr G. remarked that there were a few verbal and typographical errors in the published proceedings which needed correction.

Mr. SAWYER asked if this would not occupy too much time? It was evident that the Reporter had to contend with every disadvantage at the commencement of the session-this would be remedied in time. He would remark, in passing, that the reports were as accurate as any he ever saw.

Mr. ROBERTSON. I would suggest to the gentle man from Defiance that he should so amend his resolution that the Reporter should, at the request of members, make any verbal correction in his reports. I have had some little experience in this busines of reporting, and I know that it is impossible to make a perfect report of all that is said in so large a body as this.

Mr. TAYLOR. It is generally admitted that the official Reporter of the Convention is remarkably correct-still some inaccuracies will occur. I would suggest that any member be allowed to make any correction in his published remarks that shall not "overrun" a printed line.

Upon motion and with the assent of Mr. GREENE, of Defiance, the resolution was referred to the same committee to whom was committed the report of J. V. SMITH.

Upon motion of Mr. HOLMES, the vote taken yesterday upon the resolution relative to opening gateways on the sides of the hall, was reconsidered, and then amended so as to provide for removing the bar or banisters separating the lobby from the convention room, several feet further back.

Fifth. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the refusal of any individual corporation or association issuing bank notes of any discription to pay the same in specie on demand.

Sirth. The Legislature shall provide by law for the regis try of all bills or notes issued or circulated as money, and shall require ample security for the redemption of said bills or notes in specie.

ing association or corporation, issuing bills to circulate as
Seventh. In cases of the insolvency of any bank or bank-
money, the bill-holder thereof shall be entitled to preference
in payment over all other creditors of such association.
tions or associations with banking powers, shall go into ef
Eighth. No act of the Legislature, authorizing corpora-
fect, or in any manner be in force, under the same, after being
published in at least one newspaper in each county of the
State where any newspaper is published, for three months
next preceding the election for members of the Legislature
shall at such election next succeeding the passage of the
same, be approved and voted for by a majority of all the elec-
tors voting at such election."

Mr. D. moved that the resolutions be laid on the ta

ble and printed.

Mr. MANON demanded a division of the question; and the same turning first on laiyng on the table, it was agreed to. The question then recurring on ordering the resolutions to be printed, it was carried.

APPOINTMENT of official REPORTER.

Mr. SMITH of Warren, from the select committee to which was referred the resolution to appoint J. V. SMITH Reporter to this Convention, submitted the following report:

"WHEREAS, by joint resolution of the General Assembly of appointed Reporter for this Convention: and whereas, it is the State of Ohio, passed March 14th. 1850, J. V. SMITH WAS deemed proper that the appointment of Reporter should re; ceive the express sanction of this Convention: Therefore, Resolved, That the said J. V. SMITH be, and he hereby is, fourth section of the "act to provide for the calling of a Conappointed Reporter for this Convention in pursuance of the vention to revise, amend, or change the Constitution, and the election and compensation of members thereof," passed Feb. 23, 1850, and is admitted to a seat on the floor as such."

The question being upon the adoption of the resolution, the same was agreed to.

Mr. HAWKINS desired to call the attention of the Convention, as there was nothing now under consid eration, to a mode of advertising adopted by some of the tradesmen of Columbus, at the expense of the Mr. DORSEY. I send to the Secretary the follow-State, by sending letters to members through the post ing resolutions, which, after being read, I shall ask to office. It was a small matter, but it was a sort of petty have laid on the table and printed, for the consideration larceny. of the Convention, until they can be referred to the appropriate committees.

Mr. MANON concurred in the remarks just made, and was not ashamed to make it an object of comment "First. That the credit of the State of Ohio shall never-it was a species of petty larceny on a small scale in any manner, be given or loaned to, or in aid of any indi- which he should rebuke.

vidual, association or corporation, nor shall the State own, Mr. CUTLER said that in order to give some comor be liable for stock in any corporation or association what-mittees time to prepare their reports he would move a ecess; which was agreed to.

ever.

Second. Special laws creating corporations, shall not be passed except for municipal purposes, for the construction of such works and for the performance of such business as ne cessarily require sovereign prerogative powers, rights and privileges. The Legislature may pass general laws under which associations may be formed for business, religeous, and charitable purposes, but no rights, privileges, exemptions or immunities shall ever be granted to any corporation or association which are not enjoyed by every individual in the State, nor shall the action of any Legislature ever vest in any corporation, association or individual any right or power which may not be repealed or taken away by any succeeding Legislature. And all corporations shall have the right to sue and be subject to be sued in all courts, in like cases as natural

persons.

Third. The Legislature shall have no power to pass any special charter for Banking purposes, but corporations or associations may be formed for such purposes, under a general

THREE O'CLOCK, P. M.

THE JUDICIARY.

Mr. HITCHCOCK, of Cuyahoga, from the select committee to which was referred the resolution of Mr. GREEN, of Ross, of yesterday, in relation to the business before the judiciary of the State for the year 1849, reported a resolution in lieu of that committed.

The resolution reported was then read by the Secretary, and is as follows:

"Resolved, That the Secretary of State be required to ad. dress a circular to the clerks of the several courts of record in the State, requiring them to furnish without delay, information on the following points:

2. How many suits of law (exclusive of those brought from courts of justices of the peace) were commenced in such courts, and what the entire number of such suits pending during the year 1848, what number was tried by a jury, how many by the court, and how many otherwise disposed of.

3. The aggregate amount of debt, of damages, and also the cost in such cases, distinguishing between the same. 4. What number of such suits were brought into said courts by writs of error, or certiorari, respectively.

5. How many suits in chancery were commenced in said courts, and what the entire number pending during said periad, and also, how many were heard and not decided by the court, and what number otherwise disposed of; and the amount of the decrees rendered, and of the costs, distinguishing between the same.

1. Whatn umber of terms of said courts were held during ports will cost more than the papers which I desired the year 1848, and what the length of time occupied thereby, to procure and distribute. Sir, there are other branchincluding special terms or called courts, and distingush the es and other interests pertaining to government belength of time occupied by each, sides the judiciary. But I see gentlemen of the legal profession are always very forward in procuring facili ties to enable them to pursue their investigations as members of the bar and the judiciary. I see them chase of books. It has been but a few years since we frequently very forward in the publication and purpurchased a large number of Chase's Statutes for the use of the legal profession; and it seems that there is now to be made another attempt to extend this kind of patronage. It may be because of dullness that I cannot apprehend the importance of this resolution; and I ask the gentlemen making this report to tell me of inquries which we are to send out all over the State.the advantages of this information-especially those How many taverns have you licensed? How many cases of litigation have been taken up to the Supreme Court? How many cases have been entered upon the Court dockets? For the soul of me, I cannot see the value of such information here. It seems to me that you had much better inquire how many bushels of wheat, potatoes, or oats have been raised in each township in the State, for I believe the agricultural interests of the State to be entitled to quite as much respect as the interests of the judiciary.

requested also to state;

That the clerks of the several courts of common pleas, be FIRST. The number of criminal cases commenced, the number pending, the number tried, and the number otherwise disposed of, and also the number of convictions and acquittals du ring the same period, together with the aggregate amount of costs, distinguishing in all these particulars, between minor offences and those punishable capitally, or by imprisonment in the Penitentiary.

SECOND The length of time occupied by the grand juries in their several counties, and the expenses attending the same, THIRD. The amount of salary paid to the Prosecuting Attorneys in their respective counties.

including the fees of witnesses, jurors, sheriffs, &c.

FOURTH. The number of causes during the period aforesaid, brought into their respective courts on appeal from the judgments of justices of the peace, and also the number set down for trial therein, after the reversal on writs of certio. rari from the justices' courts; of the judgments rendered in such inferior courts, and also the number of all such causes tried by the court or jury, state the number otherwise disposed of, and the aggregate amount of costs thereof.

FIFTH In each of said causes, where trials are had by the court or jury, state the amount of the debt, or the amount of the damages found or assessed by such court or jury, and the amount of costs, and also the amount of the recovery before the justice.

Mr. HITCHCOCK of Cuyahoga. I had supposed, sir, that the object of this information was well understood. So far as its expense is concerned, I apprehend that it is to cost nothing except what may be the value of the time which we consume here in debating the subject. There is no provision for any other expenditure, and I do not see how any other can be incurred. With reference to the object of this resolution, inquiries which it contains are important, because it is indispensable that some system for the administration of justice should be established, and because it becomes us to know what are the actual wants of the State in refer

SIXTH. How many causes arising in certiorari from justices of the peace, were pending during the period aforesaid; how many judgments, how many affirmed, and what the aggregate amount of the costs of such affirmance, and reverence to this subject and what are the defects of the exsal respectively,

SEVENTH The number of letters testamentary, of administration and of guardianship, granted by their respective

courts during the period aforesaid.

EIGHTH. The number of settlements made on the estates of decedents, minors, idiots, and lunatics, during the period aforesaid.

NINTH. The number of cases of petition for partition, and for the sales of real estate by executors, administrators, and guardians within said year; and also the aggregate amount of costs in the cases embraced in this and the two preceding inquiries.

isting system. My friend, the delegate from Trumbull, (Mr RANNEY,) who is a member of the committee with me, has made the following summary of these inquiries, which I will read:

1st. What amount of judicial labor is necessary to the business of each county?

2nd. What has been the amount paid to associate judges?

This item has been made the subject of considerable TENTH. The number of tavern licenses, with the privilege discussion in portions of the State where some of the of retailing spirituous liquors, by their respective courts, and committee reside, looking to the abolition of the office the amount of revenue derived therefrom,during the same year. of associate judge. Of course, it becomes important Mr. SAWYER. Mr. President, I confess very to ascertain the amount of expense incurred by the frankly, that I do not understand much about the judicial continuance of these judges.

inferior tribunal?

4th. To ascertain this, what number of small causes, either civil or criminal, have been disposed of in said courts, and what proportion, both in number and time employed, do they bear to those of greater importance? 5th. What has been the effect of allowing appeal and certioraris from justice's courts?

system. But I venture to suggest that no adequate in- 3. How much of the business now done in the comquiry has been made into the very large and very ex-mon pleas and superior courts, can be entrusted to an traordinary expense which will attend these inquiries; and as for the benefit which is to result from these report, I confess that I am not able to perceive it. I do not see the use of this information, or to what valuable purpose it can be applied. Inquiries as to the number of cases tried in the courts of law and chancery; as to how many cases have been appealed and taken up from the inferior to the superior courts, by certiorari, and on writ of error; as to how many tavern licences have been issued in each county of the State, besides the other items of information which I cannot enume- 7th. What has been the amount of money paid to rate-all these must require considerable labor and ex-prosecuting attorneys? pense, for which no provision has been made. I introduced a proposition the other day, which involved a little expense, and which I conceive would have been a source of much valuable information, but that proposition was voted down on the ground of the expense it involved. Now I apprehend that these re

6th. What expenses have attended the system of grand juries, and what proportion of indictments found by them have resulted in convictions?

8th. What the amount and expenses of the probate jurisdiction?

9th. What the number of licensed tavern keepers, aad the revenue derived from the same?

These are the subjects of inquiry. It is true, and any gentleman can see, that it imposes a large amount

of labor upon the clerks of the several counties for labor which it would impose upon me would occupy at which they ought to be remunerated; but I know of no least two months of time. I do not believe, were we to power in the Convention to provide such compensation. give succinct answers to all the inquiries proposed, that we But the manifest importance of the information sought, would be enabled to get through in that time. It would it is expected, will induce the clerks to furnish it, with- require the exclusive attention of an extra clerk to be out any assurance of pay. As to the information in devoted entirely to the work. While I should be exreference to tavern licenses, that item was suggested by tremely solicitous to afford this body all the informathe gentleman from Morgan, (Mr. HAWKINS,) and al- tion in my power, which might be important to their so by the gentleman on my left, who is a member of deliberations, I am constrained to say, that amidst the the committee, the particular object of which I cannot multitudinous mass of labor imposed upon my office, state: but I suppose the subject of license, or the au- the court extending through more than ten months in the thority of the Legislature to license the sale of ardent year, I could not furnish this information in less than two spirits, either by wholesale or retail, is matter that, it months. Now, if it is important that this information may be, will come before this Convention. In that should be had, I would suggest whether these inquievent, this item would, of course, become important, ries could not be propounded in more general terms, while the trouble and expense of obtaining it will be which might be more easily responded to with matter very trifing. I have thus rehearsed the object which equally tangible for the action of the Convention? I the committee had in view, in making this report-the do assure the Convention, that if answers to all these principal object being nothing more than to ascertain questions be necessary, even down to the minutest of the amount of judicial labor performed in the State, with them, it would inevitably involve a great deal of trouble the attendent expenses, in order that we may better as- and inteference with the bar, on account of the withcertain what reforms are necessary in that department, drawal of the books and papers of the court. I proand that we may act intelligently in the transaction of fess, sir, that I do not know what to do with the quesbusiness. tion. I do not desire to delay business, but I am comMr. SAWYER. I can see a propriety in the inqui-pelled to state that, so far as Hamilton county is conries proposed in the resolution offered yesterday by the cerned, all these inquiries cannot be answered satisfacgentleman from Franklin, (Mr. SWAN,) but I can yet torily in time for the information to be of any value see no adequate necessity for adopting the inquiries of here, but if the resolution would be made more genethe resolution under consideration, and I shall there- ral in its character and demands, perhaps something like fore vote against them. the substance of the desired information might be collected.

Mr. RANNEY. I am not a little surprised at the opposition which this resolution has received. I had supposed that its importance would be apparent to every mind in the Convention, for the reason that we have to constitute a judicial department. That power must vest somewhere, and I have been very incorrectly informed of my duty if one of the chief objects of this Convention be not to reform the judicial system of the State. These inquiries, then, are submitted to enable us to determine to what judicial tribunals the administration of that department of the government should be referred. These inquiries look to the correction of some abuses of the judiciary power-among which the removal of trifling cases of litigation, from the inferior to the higher courts, has been the subject of considerable complaint. The object of one branch of these inquiries is to ascertain what has been the result of this practice, and whether these removals have been attend ed with anything but vexation and expense. For my part, I do not look upon these inquiries as unimportant in any sense. The proper administration of the judicial department must always remain a very important consideration, and I apprehend that this request will be found to contain nothing superfluous-nothing but what will be found of most pertinent and important application in our deliberations here.

Mr. CLARK, of Lorain. I move to amend the resolution by inserting, in the proper place, the words, "and that all judgments taken by confession, be excluded from these reports." There is no manner of utility or necessity for embracing such cases in these reports; for they do not take up the time of the court at all. I propose that amendment.

Mr. GREEN, of Ross. I supposed, on yesterday, when I offered this resolution, that its importance and pertinance to our deliberations, could not but be apparent. The gentleman from Cuyahoga, (Mr. HITCHcock,) and the gentleman from Trumbull, (Mr. RANNEY,) have sufficiently explained the object and character of the information sought. I should have no sort of objection to the adoption of the report, were it not that I apprehend it covers so extensive a field that the object may be defeated. I concur, to some extent, in the views of the gentleman from Hamilton county; though I can't go so far as he does. I have had some experience myself in the courts--having been for a number of years employed in the business of a county Clerk, and I have some idea of the amount of labor necessary to furnish this information; and I apprehend that if the report be adopted, the information will be received so tardily as to be rendered nearly useless to the Convention. In presenting the original resolution, I have one leading object in view-to ascertain the whole amount of litigation in the State, distinguishing civil from criminal, and law from chancery cases; and also to ascertain the time occupied by the courts of common pleas, in the several counties of the State, in the discharge of their judicial functions, for the purpose of simply ascertaining the amount of compensation paid to the associate judges in the several counties of the State. I cannot see any necessity, sir, for requiring Mr. ROLL. As this is a subject of interest to me-information upon all the points suggested by the resobeing a Clerk of one of the Courts where I reside, Ilution reported by the committee. What light will be desire to submit a few remarks. It seems to me that reflected from statements showing the specific amount the committtee have mistaken the amount of labor to of judgments and decrees? Every gentleman of the be imposed upon the Clerks by this resolution. I heard profession knows that in many instances it happens the resolution imperfectly read by the Secretary, and if I that a larger amount of costs are incurred, and more heard aright, it imposes almost as much labor as would be time consumed, in a cause involving one hundred dolrequired to form a new constitution for the State. The lars, than in a cause involving five thousand dollars.

Mr. SAWYER. I ask the gentleman what would be the probable cost of this information; and since he does not know I would call upon the delegate from Hamilton county, (Mr. ROLL,) who, I understand holds the office of Clerk of his county. I desire that he should state how long it would require him to respond properly to all these inquiries? It is my opinion, sir, that this information could not be obtained in three month's time; and that would carry it beyond the time when it could be of any value here.

It is not the amount for which the judgment or decree Mr. HITCHCOCK, of Cuyahoga. I intended to have is rendered so much as the principle, and frequently explained that when I was up before. The original the litigatious spirit of parties which runs up the ex-resolution contemplated information for the year 1849, pense of a law-suit. My principal object was to ascer- but it will be recollected that in the year 1849 the chotain the amount and description of business in the sev-lera prevailed extensively in many portions of the eral courts, in order that the committee which is to be State; and it was thought by the committee that in entrusted with the re-organization of our judicial sys- consequence of that, the year 1849 would furnish a tem, may have that light before them. I am entirely fair index of the amount of legal business in the indifferent as far as I am concerned, individually, as to State. what may be the choice of the Convention between the two resolutions. I think, however, that the same end might be attained, and certainly with much less delay, by the adoption of the resolution as offered by myself. I only fear that, if the report be adopted, the object which I have in view will be frustrated by delay.

Mr. SMITH, of Wyandot. As the gentleman from Hamilton thinks it will require too much time to get a full response to the resolution reported, I move that it be referred back to the committee, and the gentleman from Hamilton added to that committee.

The PRESIDENT. The gentleman can make his motion to recomn:it, and afterwards his motion to make an addition to the committee.

Mr. KIRKWOOD. If the motion to recommit does not prevail, I shall make a motion to print.

Mr. MASON. Mr. President, since this subject has been introduced I have entertained very serious doubts in regard to the information sought-its value, I mean, to this body. That the information intended to be procured by the friends of the proposition might, and probably would be useful to the legislator, or the moralist, and it may be to others, I do not doubt. Nay, more: it is a kind of statistics that would awaken more or less of curiosity in the minds of all. All that I believe. And I make this remark for the purpose of bringing to notice a discrimination that exists in my own mind between what would be the value of that information Mr. RANNEY. I have listened attentively to what when obtained for a proper, and when obtained for an has been said in regard to the impossibility of comply- improper object. Now, I doubt whether there is a ing with the provisions of this resolution, and I am still member on this floor who cannot rise in his place and unconverted. My friend from Summit county informs furnish his fellow members with all the information in me (and he has served a long time in the capacity of a his county sought for by the resolution-such as the clerk,) that he thinks it would be competent for any duration of the terms of the courts in the respective clerk out of Hamilton county to produce a satisfactory counties in which they reside, &c. We do not need answer to the inquiries embraced in the resolution in to send out to the several county clerks to inform us one day. I do not pretend to know what would be the that the court sits one, two, three, four, or five weeks amount of labor required in Hamilton county. Un- in county A, or in county B. All that is necessary doubtedly it would take much more time there. That is, for each member to rise in his place, and, if the inwould be owing entirely to the amount of business-formation be of any use, give it to the body. which would not be an unfortunate circumstance, so I know not to what extent we should go in providing far as the incumbent of the clerkship there can be con- for the judiciary system. Some constitutional concerned. The gentleman from Ross, (Mr. GREEN,) in-ventions fulfil their mission by establishing one or two quires why it is important to seperate between important and unimportant causes. The reason is apparent, for without such a discrimination how would you be able to act upon the question of allowing of appeals in minor causes? How would you determine upon the proper tribunal to which the judicial system might be most wisely entrusted? How would you determine whether it is best to prevent the removal of small causes out of the inferior courts by appeal, certiorari, and writ of error? As to inquiring into the amount of compensation paid to the associate judges, the answer to that can be ascertained in any clerk's office in the State, upon merely finding out how long the courts From the beginning, sir, I have conceived that this have remained in session. This item could be furnish- proposition would demand a very great amount of uned in a single moment. With regard to the other mat- compensated labor on the part of the several county ter, that of distinguishing between the smaller and lar- clerks. I have no doubt that the respect and courtesy ger causes, I admit that there must be more labor which they might feel toward this body, and the auabout that; but still, I think that any clerk out of Ham-thority under which it is assembled, might induce them ilton county could go to his docket and determine ev- to labor many days and weeks to furnish the informaery thing asked for in the space of a single day. I be- tion; but when obtained, I imagine that it would not lieve also that the clerks generally will be perfectly change one single project for the reorganization and eswilling to furnish this information. And if it should so tablishment of our judiciary system. We know now turn out that we cannot be informed upon these subjects the number of courts we want. There is not a genfully from Hamilton county, it does not follow that we tleman on this floor but knows what amount of judishould not obtain any report from the balance of the cial labor is required in his county, and we have no State; and, with respect to the balance of the State, I need to inquire out of doors on the subject. Nor need do not believe there will be any complaints made by we inquire at all how long the court sits, for whether the clerks. I believe they will furnish the information the court sits one week or two, you cannot dispense most readily; so that when we come to determine here with it on that account, you must still provide a court. in Convention where the judiciary power should be The minuteness of the information it is true, would be administered, by what tribunals and in what manner interesting. But with reference to the duties which executed, we shall find ourselves in the possession of have convened us here, I believe it would be valueless. atmost valuable fund of information on the subject. I hope, therefore, that the convention will not burden Mr KIRKWOOD. Do I understand that the reso- the clerks by making this requisition upon them. For lution reported contemplates that this information shall one, I am not willing to do it. At the same time, I be furnished for the year 1848? do not set myself up zealously in opposition to the res

courts by name, and then conferring upon the Legislature the power to establish such an additional number of courts as their wisdom and the wants of the people may suggest. I am sure, sir, that we need no part of this information to know whether we want a Superior court, and a court of Common Pleas. And if this body should consult upon the establishment of a Probate court, I venture to say, there is not a gentleman on this floor, whose business habits and intelligence, would not enable him to inform the body as to the amount of business which might render it expedient to establish a court of Probate.