from Panama to California and Astoria, and one between New York and Liverpool; all which, requiring thirteen war steamships, were to carry the mail, and to receive, when completed, the sum of $874,000 per annum from the treasury. Whether this policy is to be continued or extended, is entirely a question for Congress; but it seems proper to observe that any change by which this shall be declared mail service, and this great additional demand be made a claim on the income from postage, will greatly embarrass and derange the operations of the department. So great is the cost of building and sustaining these vessels, and so small the postage to be derived therefrom, that it will, if so ordered, defeat the present system of sustaining the mails within this country; put an end to all extension of its accommodations, all reduction of postage, and all improvement of its condition. It is much to be hoped that no proposition so disastrous in its consequences will be entertained. In any course Congress may think proper to pursue in relation to those war steamers, their support, while continued, must be drawn from the treasury, as provided when adopted, and as is now done.

The transportation of the mail across the Isthmus, being in a foreign country, is the proper subject-matter of a treaty, and is not within the power of this department. It is, however, respectfully suggested that this service, now done by the government of New Grenada, is very tardily and carelessly performed, and the compensation under the treaty probably inadequate. Reliable information has been received that they would willingly yield up this service. A new arrangement should immediately be made by treaty, if practicable, permitting this service to be performed by ourselves, but guarantying its protection there, and placing it under the direction of this department. The amount required by the treaty to be paid to New Grenada for carrying that mail, being in no other way provided for by Congress, has been paid by this department up to this time.

No steamship has yet been despatched on the mail service from New York to Liverpool under the contract with the navy department, but is expected soon to be done.

Since the last session of Congress, the postal treaty with Great Britain has been carried into full operation by regulations settled in pursuance of the treaty by this department and the post-office department of that country, which regulations have been promulgated. The leading feature of that arrangement is, that letters on which the postage is wholly prepaid, or on which none is paid, pass through the mails between the two countries, and are despatched and delivered in the same manner as if those countries were one; and an account is kept in each of the postage collected for the other, which is periodically settled. The effect of this is, that, while the sea service is almost entirely performed by the British steamships, the sea postage belonging to them makes the balance in accounting largely against us. The operation of this is no injury, as we actually receive all we pay, but it is stated, in order to explain, that now all this postage goes into the account of postage received in this department, and to swell its apparent amount, when it is subject always to the annual reduction of this balance payable to Great Britain. Whenever our mail steamships shall perform service between New York and Liverpool, which is soon expected, it will tend to correct this balance. The efforts to extend this arrangement through England to France have not been successful.

MAIL SERVICE IN CALIFORNIA.

By the third section of the act of Congress entitled "An act to establish certain post routes, approved August 14, 1848," the postmaster-general was authorized to appoint postmasters at places on the Pacific, in California, and to appoint agents for making arrangements for the establishment of post-offices and conveyance of mails in California and Oregon. Under this act, as early

as November, 1848, a postmaster was appointed for San Francisco, and agents were appointed and sent on that business. That postmaster entered on his duties, and for a time attempted their discharge, but finding, as he writes, no sufficient income for the expense of room and assistance, or even for his support, he resigned. No report from those agents has ever been received. In April last another agent was sent, who immediately departed and entered upon his duties; and also another postmaster for San Francisco, who has also arrived there; and from information received from them and others, there is good reason to believe that all reasonable exertions are being made to give to the people there all the mail facilities the limited means legally applicable will afford.

The laws regulating the post-office duties and service are in many respects ill adapted to the circumstances and condition of that country. Many letters have been sent there for persons passing the overland route; and, if the same were to be treated as dead letters at the end of the second quarter after their arrival, they would be sent back before these persons would arrive there. Indeed, the sending as dead letters to the department here those letters mailed from one office to another in California, would be worse than useless. No sufficient pecuniary means are at the command of the department for this service. The price of labour or personal service, and the rent required for office room, are such that no allowance now authorized by law can secure a post office in California. Nor can the mails be transported within the country for any compensation which the postage received there will furnish. No sufficient returns have been received by which to determine the expense of what has already been done, but it fully appears that provision must be made, much beyond the yield of the postage there, to meet the cost of even a very limited supply of mail accommodation in that country. This subject requires the early attention of Congress, and at the same time provision should be made for extending mails to Oregon and New Mexico.

OPERATIONS WITHIN THE DEPARTMENT.

As our country expands in dimensions, and our settlements extend in area; as our population increases in density, and business in activity, the service of the mail must have a corresponding advancement; and it follows unavoidably that the business and labour within the department are every year rapidly augmenting, demanding from time to time addition of force for their performance. In 1836, the department was re-organized, and by law a much less number of clerks provided for than had theretofore been used. In putting that organization in operation, it was immediately found impracticable to proceed with such reduced force only, and temporary clerks to the number of eight were employed in 1837. These were continued by temporary appropriations until 1842, when by law they became permanent; but no provision has been made for any additional clerks since 1837. Such, in the mean time, has been the progress of the service, and such the increase of business, that the pressure on the clerks has become so great, and delays so unavoidable, as absolutely to require now additional force, or the public service must suffer. The pressure is on all the bureaus of the department. In the contract office, where the care and arrangement of the mail service is extending in daily demand, and where the extent of correspondence is permanently the greatest. In the appointment office, business increases with the increase of the number of offices. In the financial bureau, under the third assistant, the labour is much increased, as to that branch falls the care of the dead letter office, and the receipts and charge of the quarterly returns.

In the last year there were received 2,100,000 dead letters, all of which have been opened and examined. Of these, 4,964, containing money to the amount of $32,067, have been registered, and the same sent out for delivery to the owners, and 998 letters containing other enclosures of value. The inspection office, whose duties include all matters relating to the performance or failure of mail service, all depredations on the mail, and also the supply of mail bags, locks and keys,

is a branch increasing in direct ratio with the general service. In this office alone, during the past year, there were received 134,436 communications. The number of supposed depredations reported was 1,226, which were supposed to include $169,107. Twenty-nine depredators were arrested, and the amount of money reclaimed or otherwise accounted for was $77,779.

To show the great increase of service and the consequent demand for the increase of force in the department, the following comparative statement is made: In 1837 the number of post offices was 11,767, now 17,164-four hundred and seventeen having been established since June last.

The number of communications received at the department annually cannot be less than 370,000.

To perform this service the present force is inadequate, and it has been found absolutely necessary to employ temporary clerk service, compensation for which should be made, and which necessity, it is hoped, will be prevented by some permanent provision for supply, that the public service may not suffer.

AUDITOR,

A most important branch of the post office department is, by the organization of 1836, committed to the auditor; not only that of auditing all claims for service, but more particularly that of keeping the accounts and collecting all moneys derived from postages or otherwise.

The manner in which this has been performed, as appears by his report hereto annexed, is satisfactory, evidence as well of the efficiency of the system as of energy and success in its execution.

I have the honour to be, with great respect, your obedient servant.

TO THE PRESident of the United States.

J. COLLAMER,
Postmaster General.

CONSTITUTION OF THE STATE OF CALIFORNIA.

PROCLAMATION TO THE PEOPLE OF CALIFORNIA.

The delegates of the people assembled in convention have formed a constitution, which is now presented for your ratification. The time and manner of voting on this constitution, and of holding the first general election, are clearly set forth in the schedule; the whole subject is therefore left for your unbiassed and deliberate consideration.

The prefect (or person exercising the functions of that office,) of each district, will designate the places for opening the polls, and give due notice of the election, in accordance with the provisions of the constitution and schedule.

The people are now called upon to form a government for themselves, and to designate such officers as they desire to make and execute the laws. That their choice may be wisely made, and that the government so organized may secure the permanent welfare and happiness of the people of the new state, is the sincere and earnest wish of the present executive, who, if the constitu tion be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor.

Given at Monterey, California, this 12th day of October, A. D., 1849.

(Signed)

(Official)

B. RILEY,

Brevet Brig. Gen. U. S. A., and Gov. of California.
H. W. HALLECK,

Brevet Captain, and Secretary of State.

CONSTITUTION.

WE, the People of California, grateful to the Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.

ARTICLE I.-DECLARATION OF RIGHTS.

SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.

3. The right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.

4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall for ever be allowed in this state: and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its sus pension.

6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishment be inflicted, nor shall witnesses be unreasonably detained.

7. All persons shall be bailable, by sufficient sureties; unless for capital offences, when the proof is evident or the presumption great.

8. No person shall be held to answer for a capital or other infamous crime, (except in cases of impeachment, and in cases of militia, when in actual service, and the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny under the regulation of the legislature,) unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

10. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

11. All laws of a general nature shall have a uniform operation.

12. The military shall be subordinate to the civil power. No standing army shall be kept up by this state in time of peace; and in time of war no appro priation for a standing army shall be for a longer time than two years.

13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner to be prescribed by law.

14. Representation shall be apportioned according to population.

15. No person shall be imprisoned for debt, in any civil action on mesne or final process, unless in cases of fraud: and no person shall be imprisoned for a militia fine in time of peace.

16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.

17. Foreigners who are, or who may hereafter, become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native-born citizens.

18. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state.

19. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the things to be seized.

persons and

20. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court.

21. This enumeration of rights shall not be construed to impair or deny others retained by the people.

ARTICLE II.-RIGHT OF SUFFRAGE.

SEC. 1. Every white male citizen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law: Provided, that nothing herein contained, shall be construed to prevent the legislature, by a two-thirds concurrent vote, from admitting to the right of suffrage, Indians, or the descendants of Indians, in such special cases as such a proportion of the legislative body may deem just and proper.

2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of the election, during their attendance at such election, going to and returning therefrom.

3. No elector shall be obliged to perform militia duty on the day of election, except in the time of war or public danger.

4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison.

5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector.

6. All elections by the people shall be by ballot.

ARTICLE III.—DISTRIBUTION OF POWERS.

The powers of the government of the State of California shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one