MAM.
1
H
VOL. VII-No. CG.
PHILADELPHIA, SATURDAY, MAEOH 23, 18G7.
DOUI5LE SHEET THREE CENTS.
LEGAL INTELLIGENCE.
THE STATU TAX ON BANK STOCK.
Supreme Court. Justice Aijnew has de
livered the following opinion lu reforonee to
the payment of State taxes upon bank slock:
JMnrkhoe & l nompoon. stock-1
noiaersoi manorial aautc of
Commerce,
s.
John P. Hartranft. Auditor
Oeneral, William H.Kemhle,
(State Tieasurer, and the No
tional Hank of Cirum'rce of
I'hllndelphln, and John A.
Iwls. Cashier.
Nisi Trlug,
In Equity.
Demurer to
plaintiff's bill.
The plaintiffs' bill seeks to roBtraln the Au-
dilor-Ueneral and Stale Treasurer from net
tling an account, and collecting the tax
imposed by the act of 23d February, 1603, lu
thene words:
"That from and after the passage of this act
It shall be the duty of the cashier of every bank
in this Commonwealth, whether incorporated
under the laws of thlsHlute or of the United
States, to collect annually from every stock
holder of said bank a tax of one per centum
upon the par volue of the stock held by said
stockholders, and pay the same into the Kittle
Treahnry on or before the first day of July in
every year thereafter, commencug on the first
day of July, A. D. ltitiC, and the said bank shall
be exempt from all other taxation under tuo
laws of this Commonwealth."
The defendants have demurred to the whole
bill on three grounds:
1. Wunt o jurisdiction.
2. The existence of a complete remedy at law.
3. Want of equity on the merits.
The Hist cause of demurrer will depend on
the determlnat Ion of the last. I shall therefore
considor the grounds arguud in their inverse
order.
The able argument of the Attorney-Ueneral,
when analyzed, presents the authority lo tax
under the act of lSfid in this aspect: That the
State, by its Enabling net of 22d August, 1801,
permitted the State banks to surrender their
charters and come in under the Federal BatiK
act of 3d June, 1801, upon the faith that the
capital of its citizens in those hanks should re
main subject to State taxes; that the right of the
State to impose the tax, reserved to It under the
41st section of the act of Congress, carries with
It all the means; and that the act of 18(10 was
therefore a valid exercise of the Slate authority.
The error in this argument lies in its over-
Bight of the incompalabilily of the mode of
taxation presented by the act of 1806 with the
mode authorized by t he act of Congress. This
will appear by considering the questions upon
these points:
1. The subject reserved by Congress lor State
taxation.
2. The mode prescribed for Its excrclso.
8. The mode adopted in the act of 1800.
The subject of taxation Is already slated In
the first proviso of the 41st secllon of the
United States Bank act of 3d June,
1804. to be the shares of the icdl-
vidua) shareholder. The personal Interest of
ine stocituolder in mo snares no owns, as con-
irauiBiingntsneu irom mat or tne corporation
In its capital and property, was considered and
determined by the Supreme Court of this State
In the case of McKeen vs. Northampton County.
13 Wriuht, 510, and accords with the doctrine of
the later decisions of the Supreme Court of the
United State in reference to the subject now
before me. This interest is personal, goes with
him, and its succession when he dies is gov
erned Dy the law or his domicii. it is clearly
distinguished from the capital and property of
the corporation, which are vested In it as the
legal or artificial entity and owner, and are
subject to tne Jaws or mesiaie wnion gave it
being. The 41st section of the Bunk act of 1864
is framed in view of this distinction. It flrxt
Imposes certain taxes upon the corporation
association, as it is termed "In lieu of all ex
isting taxes." Then the first proviso declares
that nothing in the act shall be construed to
prevent all thesharcs in any of the said corpora
tions held by any person from being included in
the valuation of the pemonnl property of such
person in the assessment of taxes imposed by or
under State authority. After this comes thethlrd
proviso, subjecting the real estate of the associa
tion or corporate body to that taxation.
The individual character of this personal inte
rest In the shares of these associations, as tax
able apart from the institutions them
ttelves, is fully sustained by the Bauk
tax cases in the Supremo Court of the United
States, 3 Wallace, 573, 585, 58(1; aud Is reasserted
by Justice Nelson in the People of New York
ex. rel. Ralph Mead, in which it was held, re
sulting from this distinction, that the owner
ship of the shares was so cleurly different from
that of the corporation in its capital, the share
holders could obtain no deduction from their
valuation for that portion of the capital In
vested in United Stales bonds.
The nature of the taxable interest in the
shares bears directly upon the mode ot taxation
provided by Congress, which is the second
point. As thus understood, the first proviso
will read thus: "That nothing in the act shall
prevent the individual personal interest of the
shareholder in his means from being Included
In the valuation of the personal property of
such persou in the assessment of taxes imposed
by or under State authority." Wo oannot reject
these words "from being included in the valuation
of the personal property of such person," Congress
meant something by this luuguatce. It did not
say that nothing shall prevent such share from
being taxed by or nnder State authority. That
would have left the mode of exercising this
aulliorit to the States. But the operative words
are, ''nothing shall prevent them from being
included In the valuation of the personal pro
perty of the person hold in z the shares." Here
is a defined mode authorized, and this and no
other can be pursued. The State must, there
fore, proceed by taxation directly upon the
shareholder, by including his stock In the valu
ation of his other personal estate.
But not to stick In the letter, there is good
reason foradoptlng this mode. It by omitting
' to ".prescribe a mode, the authority to tax the
shares in the national banks could be exercised
by compelling the payment of the tax over the
counter oi ine Dante llsell, it would suDject tne
bank to a guasi foreign and sometimes hostile
jurisdiction. This is evidently not Intended by
Congress. It would also subject the citizens of
other States and counties to taxation upon a
moneyed capital never brought within State
Jurisdiction, otherwise than by the purchase of
tbeshnres. It might also subject these non
resident shareholders to double taxation at
home, by including their shares lit the valua
tion of their personal estate, and here, by pay
ment over the counter oi the bank. The elfect
of this would be also to drive forelgu capital
from use in institutions located in our midst.
Impartiality in the exercise of the Federal
power, therefore, required that the States
should be limited In the mode us well as in the
extent of the taxing power oonoeded to them
under this proviso, lu the clause fixing this
1 extent, the mode' is again referred to. It is to
be at no greater rate than is assessed
upon other moneyed capital, in the hands of
Individual citizens of the Slate. To this is to
be added the provision in Uie 40th secllon for
the keeping of a full and correct list of the
names, resiliences, and the number of houses of all
the stockholders, which the section declares
ball be subject to the inflection of the olHcers
authorized to assess taxes understate authority.
Thus the precise duty of the hank, In reference
to the taxation of shares, is defined to bo that
of furnishing to the Stute officers the means of
making the assessment by inspection, but the
....mnntof tbe shares Is clearly referred to
the oliicer authorized to assess. I have, so far,
-loft, nut of view those words in the proviso, "At
t h nlnoA where such bank Is located, and not
' .i, ii Tt. ta vprr difficult to asslen the
true connection and relation of these words In
?v. Ui,inM. I think, however, their purpose
Is not to localize tbe assessment oi the taxes at
the place where the bank is located, but to
localize the authority which Imposes thetax.
To localize tbe assessment at the place where
.v. ..nir in. would be either to confine the
assessment to tne bank itself on behalf of its
'shareholders, or 10 uouuue it " "'
hAun residintr at the nlace where tbe
Thank la located. Tbe former Is lnconals-
it.h the exnress .words of tbe re
mainder of the sentenoe requiring
. aK lnnlnded In the valuation! of the
personal property of the shareholder, and the
single duty Imposed upon the bank of famish
In the list of names, residences, and number
. , t.-,r tnn lnsnection of the Assessor.
The latter wonld be, at least, consistent with
tbe intent to assess the Individual shareholders,
i r. nf initialise in exempting other
iWlioWr leeldlng ouUtlde X the place where
the bank Is located. I would prefer, therefore,
to connect locality with the authority which lt-i-mediately
precedes and stands connected with
it; but if tills cannot be done, the language can
be harmonized only by confining the assess
ment of shares to those living within the place
where the bank has its location. My conclusion
is, that Congress Intended to coullue the exer
cise of the authority of each Stale to the taxa
tion or its own citizens individually, by includ
ing their shares in the valuation and assess
ment of their personal estate. See Van Allen
vs. Assessors, 8 Wallace, U. H. Itep, 5S5, 5Srt, 587.
in the third place, what is the operation or
taxation in t he mode proposed in the State act
of IHtKl, as authorized by the Audltor-Ooneral?
lis ellect is to transrorin the national associa
tion into a State agent, and to compel It to per
form a burdensome duty not enjoined by its
charter, without authority and without com
pensation. This Is done by making it the duty
of its ollleers to collect the tax annually from
every stockholder and to pay It into the State
Treasury. It also depreclaU's the stock to the
extent of the burden imposed on the corpora
tion.
In the third place, It compels payment of
taxes by non-residents, whose capital was not
before the subject of taxation, and who may
lie compelled to pav a personal tax on the same
shares at home. Clearly this Is contrary to the
whole scope and Intent of the Bank act, and to
the particular provisions of the 41sl section.
A Stute corporation deriving Us powers and
privileges Troni the law may be regulatod and
controlled by it. But a National HanK derives
neither its existence nor its franchises from
the State, and therefore owes it no special duty,
and cannot be burdened by an imposition
upon its privileges. It is unlike, in this respect,
a foreign corporation, which can exercise its
functions here only by permission of the State,
The supreme authority of the Unlou which
establishes It here also protects it from Inter
ference. The State may send her Assessor to
the shareholder, aud to find him out the As
sessor may cull on the bank for information,
for this is permitted. But what right has the
Slate to compel the bank to act as her agent In
collecting the taxes from the shareholders, and
to burden it with the trouble and expense and
responsibility of collecting and paying them
over into the State Treasury? What remedy
has the bank azalnst the shareholder If he
refuses to pay, or previously assigns over his
shures or dividends ? Thetax Is not a speclilc
lien on the stock or the dividends.
The act of 1800 provides no mode for Its en
forcement either against the bank or the stock
bolder. This brings us to consider what autho
rity can be exercised by the Auditor-General
under the act of 30th March, 1811, by the settle
ment of n tax account against the bank or the
stockholder. That act extends to all persons
or corporations Intrusted with the receipt or
coinlni: into the possession of public moneys.
State corporations, when made the receivers
of taxes on their stock or dividends, may
therefore be compelled to settle accounts before
t he Auditor-General. Eastou Bank vs. Coutts,
10 Barr, 4411; Commonwealth vs. Hunk, 2 Casey,
'235. The act of 1800 was obvlonsly Intended to
bring the national banks within the operation
of this law, as they aro expressly classed with
tbe Statu banks. It is not the stockholder, but
the corporation, which Is subjected to the duty.
According to tbe docrlne of Commonwealth vs.
Kunk, supra, an account may be settled for the
lax against the bank without previous notioe
to appear; and the bank becomes fixed for the
sum stated lu the account, uuless it files an
appeal within sixty days after notice of tuo
settlement, und a specilicatlon of the settle
ment; and security to prosecute the appeal
with effect. In this" way the corpora
tion, not tbe individual stockholder. Is
compelled to submit itself to State juris
diction and process, and to perforin
an illegal, burdensome, and expensive duly,
without any provision for recourse against the
stockholders. In ellect, this is to compel the
banks to pay a tax contrary lo the provisions
of the forty-first section of the act of Congress,
and to involve the consequences already slated.
It Is equally clear that, under tbe provisions
of the act of 180ti, the Audltor-Ueueral can
not compel the individual stockholder to
settle an account for the tax. No provision is
made lor reaching him; but the duty of collect
ing and paying over is devolved upou the offi
cers of the bauk. Besides, individuals who hold
no office, and no franchises of the State, and
who are not receivers of public money, but
mere tax-payers, have never been held to be
within the provisions of the act of 1811. As lo
tbem the State has always collected her taxes
through tax officers. It would be Inconvenient
and burdensome upon the State Department
to settle accounts with every Individual tax
payer, and it would be highly unjust to the citi
zens themselves to transfer the settlement and
navment of their taxes to the seat of govern
ment. I'ersous falling within the provisions of
the act of 1811 are required to appear upon sum
mons before the Auditor-General, aud to settle
their accounts at his office. Then again, if the
linnlr Hiihintt. to the Stale lurlsdlctlou. and mv
tbe tax, the stockholder Is without remedy if
the payment oe erroneous.
The settlement being with the bank and not
with the stockholder, he cannot appeal. As to
the bank, the settlement would be in solido for
the whole tux, and the Individual tax would
not appear seuurutely. At all events, he is no
party, his name being unknown In the settle
ment. He cunnot sue the Stale to recover back
his tax, aud If he could recover it from the bauk
as a misnavment. it cun only oe on ine ground
tbut the bank was not amenable to the Slate
InriKdictloD.
What I have said shows that the plaintiffs, as
Individual stockholders, have no complete
remedy at law. whloh disposes of the second
cause of demurrer, and brings me to consider
the first, whether the Court bus Jurisdiction lo
enjoin against officers of the State.
That the court lias lunsuiction results irom
the conclusion that there is no authority on the
nart ol the Auditor-General and Stule Trea
surer to set the amount and compel payment of
the taxes Imposed by the act of 1800. The law is
in conflict with the act of Congress, and is
therefore void by force of the 2d section of the
etn Article of the Constitution of the United
States. Such being the case, the attempt to
collect the tux by tbe proposed settlement
of au account under the act of 1811 is
Illegal and without authority. The State can
not be sued; and if the Court do not Interfere,
and the tax be collected aud paid over by the
Cashier, there is no remedy either to the bank
or the stockholder. It Is a case of void autho
rity, not of Irregularity in the exercise or law
ful authority, or of n mere discretion. This case
Is almost'ideutlcal with that of Arborn vs. Bunk
United States. 9 Wheaton. 739. The right to
grunt an Injunction in such a ease is borne ou
by many authorities: Fearvin vs. Lewis, 4
Mvlne Cratae. 254: Miller vs. Oormau. 2
Wright, 812- Molt vs. Pennsylvania Railroad,
6 Casey, 0; Kerr vs. Nego, 11 Wright, 202; Mayor
and councils or Baltimore vs. rorier, its Mary
land, 301: Bonaparte vs. Camden and Amboy
Kallroud Company, Baldwin s nop., zuo; uem-
nap vs. Belknap, 2 Johnson's Chancery, Vti;
11 11 Hard on Iniunctlons. Ed. 1805. 874.
Tiie demurrer is overruiea, ana tne ueieuu
anls ordered to answer to the bill.
A similar order was made la the following
cases:
Ashhurst vs. Hartranft.
Brown vs. Hartranft.
Pennsylvania Company for Insurance, etc.
vs. Uartranft.
Stoever vs. Hartranft.
Dutihl vs. Hartranft.
Court of (iuarter Sessions J udtre Brew
ster. In the case of the Commonwealth vs.
Jane lireaker, convicted of a charge of assault
ana oattery upon ner cniia, ine ueiendant was
sentenced to ttie County Prison for three
months, and ordered to pay a One of (1 and
enter security in iutiu to Keep tne peace,
lo the cui of K. V. Machette vi. Hodges A Sulley
Bleveni. and the Wen Kncland Mutual Iusnraiud
14fe Company, which wi argued ou Wednesday lat
bv H. M. l'lilUIns aud Isaac Uaruord. Bsn.. for Dlaiu-
tiffs. and William M. MeredtlU and dward J. It.
Thomaa. Kmic for defendants, Judge Urewslar de
livered an opinion thia morning In which lbs applica
tion for a special Injunction was refused.
Court of Coalman Pleats Allison, P. J.
Orphans' Court business aud the current mo
tion Hat were before the Court.
Court of Oyer stud Termlur-Judges
Alllaon, Ludlow, Velree, and Brewater William jj,
Id sua, District Attorney; T. Bradford llwlgbt. Aimmt.
i licutrlr-t Attorney. In lb caa Of tbe Common
wealth va. UoUelo Willlarua, who was tried and con
victed ot Ilia chares of murdering Kllta M.tMlller, on
the mtbof bepteniberlaal, Ilia notion In arrest of J ud a
ment, made last Thursday throufh hia eouuaal,
Myen, Worrel, and Oeudell. was Drought up fur argu-
"ilia prlnoner Williams had freab and slmoat lively
appearance, nor did be seem aa one upon wuom tbe
lawful verdict M U naUntd, lit ppsrtd
us If he felt snfp from nil danger, and perfectly con
li'lpnl of thi Miccess ef his crmp.
Ifrar J. Cro.ler was nrrmKn.'il upon tlm chanto of
klillnc AniilH Mmton, on tne llitli or Jnmmry. P:7.
Inn nsKed fnrtlmp.il lielnlrpl lo consult nirt rnnnsnl.
Monday morning was tlxed at Hie time for entering
Hip pien.
Mr. OpikIvII. counsel for Williams, Mated that the
ground lor arrest of judgment whs bused on the tcl ot
IBfO. railed the "geniiral procedure net."
The prisoner was arretted In September, and was to
lie irled In the October sessions, but Mik Common
wealth's otllcer obtained a postponement on Account
ot'lbp Illness of one of tils witnesses. Thecals Was
brouelit up at the February sessions mid tried.
In t lie Iiecpmher sessions there was no time fixed
for the trlnl, and nence. under the. provisions of the
alii net, the prisoner is eutitled lo be disciplined from
custody.
The argument win concluded at 2 P. M., and the case
was held under advisement.
HEWS FROM IWEXICOT
Letter from President Juarei Particu
lars of the Defeat of Mlramou at Zaca-
tecsi, Ktc.
Washington, March 22. The following Is the
translation of a letter received from President
Juarez:
Zacatkcab, February 27. I arrived in this
city on the 22d ot January last, where tuo
Government met with a splendid reception, it
was celebrated with fireworks, balls, and the
presentation toineol a valuable chuo costiuir
Uo thousand dollars, nmoug other marks of
respect, from its loyal citizens.
At three o'clock the same day the news of
Mitnnion's advance upon the city, with 2'l)0
meu and fourteen pieces of artillery, was com
municated to me, aud I iairaedtately directed
the necessary preparations to be made tor its
defense. General Artinda did not arrive until
the 25th, with lfiCO infantry, 200 cavalry, and
ten pieces of artillery, which he brought from
DurRDgo. On the 2(itli the enemy appeared and
made a rcconnoi-sanee. Although many were
oi opinion that the Government wculd retire
from this city, and then were many aud
weighty reasons of public policy lor such a
course, I nevertheless did not deem It proper to
adopt it, and determined to share the late of
our forces.
The enthusiasm with which the people had
received me, and which amounted almost to
frenzy, and the terrible thought of my intended
retreat from the city, mipht be the cause of dis
couraeeineut among the troops and the people,
served but the more to strengthen me lu my
determination to remain at my post. In a
word, my opinion was that if the city were
captured this misfortune should not be the
result of the withdrawal oi the Government,
but rather the caut-e of it.
Ou the 20th. accompanied by the Commander-
in-Chief, General Auza. I twice visited the lines
ol delense. Tbe enthusiasm of our soldiers and
of the people was at its hiuhest pitch, and our
hopes of victory were equally great, but lu war
it is dltlicult to predict results, and any circum
stance, however insignificant it may be, defeats
the beet combinations. The information sent by
the commander of the place known as La Buta
to the Geuetal-lu-Chiet, not naving reached mm
in proper time, that the enemy had advanced
upon that place belore breHk of day, prevented
the requisite force being sent to its support, and
between 6 and 7 A. M. of the 27th the enemy
occupied that point, and shortly after entered
tbe city. General Auxa then sent me word that
1 mould look to my satety. Accompanied oy
Messrs. Lerdo and Yglerias, I then set out on
horseback. General Mejia, who had been sick
for some davs previously. I had directed should
bo taken from the city the nieht before. As I
left the palace my escort was already nring upoe
the French, who had appeared at the entrances
of the streets.
Mv intention was to go to Fresmllo. but the
enemy's advance and bre commanded the road
to that place, and therefore 1 proceeded to
Jerez, otherwise kuown as uarrla Ctty, distant
fourteen leagues irom Zacatecas. Our troops
took the same direction. Aiiramon, wnu tne
main body of his forces, pursued them for
nearly three leagues, and though he attempted
to destroy It several times, be was as oiien
repulsed, until he was compelled to abandon
the undertaking and to lau oack upon Ziacam
cas. 1 arrived at Jerez on the same day, and
on the following dny our forces, to the number
of one thousand five hundred meu, reached the
same place.
on the 3Utn i ordered tuis iorce to uniic wnu
that of Escobedo, who was on his way to the
relief of Zacatecas, and I started lor Fresnillo,
which I reached on the 21st. un the same day,
General Auza notified me that Miramon had
evacuated Zacatecas at midday, and was re
tiring towards Aeuas Calientes. General Auza
advanced to occupy Z&catocas and to harass
the enemy's rear, as he bad been ordered by
General Ksconedo. l returned to the capital eii
the 1st of February, and early this morning
received the report ot Escobedo announcing the
complete rout of Miramon.
I have herein given you a brief summary of
all that has occurred during the past eight days.
Persor.allv I have met with no accident. About
tne time I left the palace, on the 27th. my at
tendant took my baggage to a house near tbe
palace, which was subsequently searched by
Joaquim, Miramon, and other myrmidons. My
trniik, and the cane which had just been pre
sented to me, wcrejthe only objects saved. The
traitors pillaged and destroyed all the public
olhces. lu tne paiace an was sttcKea ana ae
stroyed, and I have been obliged to occupy a
private house.
With the defeat of Miramon our success Is
rendered the more speedy; for the enemy has
now no other troops, and these budly orga
nized, than those of Castillo and Meudez, which
will shortly be destroyed.
It is very probable that I shall proceed either
to Guanajuato or (sau Luis within eight or tea
days. Benito Juakkz.
CnANOES IN THE ClTY METHODIST ClIUBCHBft.
Several changes in the Methodist churches la
the city were made at the session of the Phila
delphia Couferenee whloh has Just closed at
llarrlsburg. The several churchos of this de
nomination, with the pastors for this year and
last, are as follows:
Church. 18B7. 186(1.
St Oeoree's -M. D. Kurtz T). W. llartlne.
Trlulty B. H. Nadal, D.D..B. II. Nadal.D.D.
Green Kreel J. W. Jnckaou J. V. Jik Khoh.
tsurlng Uurden BUA. Cook man A. Coolcmau,
Fifth fcirect J. K. Smith J. K. feiniih.
8t Johu's J. I'lckerson J. Dickersou.
kfumiigtuu - W. J. I'm son W. J. 1'uxsou.
fSlioain.. M.lI.lsiHiy M. H. Hlsty.
Hancock Street-... W. B. Wood W. B. Wood.
Sanctuary W. C Best W. f. Best.
Kronl Street P. Coomhe P. Coombe.
Twelfth btreel W. l". Boblusou,... W. C. Koblnson.
Hidlng;.... W. H. Elliott.- W. II. Klllott.
Niueteeutbttireet.J.J. l'earce N. H. Calloway.
Tabernacle K. H. Patlison It II. Pattiaoa.
Kmory U. Oram IS. lrwlu.
Hummerfleld W. McCooiubs V. Kmllh.
North City Mlas'u.S. Irwiu A. Mansblp,
Calvary ....a. muuii.
G. I). Carrow, D.D.O.D.Carrow, D.D.
I iilon.
Nazareth
Arch Street
Kuenezer
Hulem
T. reriuey i. a., rernie.v.
' T. M. Orlftilb J. F. McClelland.
T. W. Simpers T. W. simpers.
" ..F. lIodgHon,l).U..A. Wallace.
. A. Alwood A. Atwood.
St. Paul's..
Wbartou r tret t....J. B. Maouox J. u. mauuo.
Mariners' BetheLC. Hill ....C. Hill.
Western . T. B. Miller T. Stevens.
Broad Streeir...:T, C. Murphy T. C. Murphy.
Central T. Stevens- UCMallaeK.
Pitman Chapel 8. Hakeslraw ...tt. 8. KakeetraW.
Went Federal 81....A. , Wallace . ,. ,
South C'j Mission. J. W. Arthur ,..I. W. Arthur.
Second Street. K.T. Keuuey J.Or.
FJeveuth tetreel...K. J. Carson It. J. Ca0.?-
Keott If- R. Calloway...!'. B. Miller.
Mm7iZZZ::ii. W. Lybrapd (1. W. Lybrsnd.
Thlrty-elghtSl H. A. Uleveland...F. Moore.
Fortlotb Street 8. Luoas . ... T. M. "''"""i
Centenary G. W. F. Graff. .W.. Graff.
Haddington..... A. L. Wllaon S. Tpwnaeud,
Ileeu.nvllle-..7......E. P. Aldred ..D. McKee.
Mt. Zlon (Man'k)-C. Cook C. Cook .
Kbeneaer, do. .J. F. Meredith J. F. Meredith.
fMXM'nXsZ-HlSZ.
bl.Stevena. do John Tbompaon...Jobn lbompson.
Cheanot HiIl.......H. Townaend B, J. Little.
Cooabobocken K. Owen ,-U. Owen.
Falleofbebuylk'J-B. Hugbea .J. H. 1J"K:
KlalriK Sun...' ..T. W ' Met'lary T. W. MeOlarJ.
Porl RlcbmouT....E. I. b. Pepper. K. I. D. PepP
Frankford C F. Turner J. 1 rnr.
Bntsburg.... N.B.IuU J M. Hi MOB.
SECOND EDITION
FROM EUROPE TO-DAY
ITiiimicInl and Commercial
A.tlvice.
By the Atlantic CnMe.
London, March 23 Noon. Consols for
money, 91; U. S. 5-20s, 74 J; Erie Railroad
shares, 39J; Illinois Central, 78;'.
Liverpool, March 23 Noon. The Cotton
market is dull at 13d. for middling uplands,
and 13Jd. for middling Orleans. The sales
to-day will lie about 70tX) bales. Oats, 3s. 3d.
per 45 lbs. Provisions generally unchanged.
Eastern prime mess Pork, 7!'s. lid. Linseed
Oil, 30 er ton. Iron, 61s. tid. for Tigs.
Uokknstown, March 23 Noon. The steamer
Manhattan, from New York ou the 9th, has
arrived.
FROM FORTRESS WONROE.
Marine Disasters Misfortunes of Kinl
grants from Texas to Brazil.
Fortress Monroe, March 21. The sdeamer
C. W. l,ord, from (ialveston, Texas, and Pteatner
Mnriposn, from New Otleans, via Havana, bound
to New York, both of which put into Norfolk on
the 19th instant to obtain a supply of coal
their bunkers having been exhausted in con
tending with very heavy gales on the coast
arrived here to-day with lret-h supplies, and
tailed this afternoon for their destination. New
York. The C. W. Lord started out firstt and was
shortly followed by the Maripopa. Yesterday
and last nluht the ftorm ruged all the way from
u.iNrj. to n.mk., but this morning it veerea
around almoot to due north in the Chesapeake
bay, but ou the const still blew from toe north
en St.
The steamer Maiipona proceeded out a9 iar as
Cape Henry, aud then returned here, oceming
it imprudent to undertake the passage to New
York until the storm abated. Captain Quick,
of the Mariposa, reported a heavy northenst
pale prevailing outt-ide, and experienced a
heavy sea in the bay and in coming into Hamp
ton Roads. The steamer Pioneer, from Wil
niinuton, N. C, bound to Philadelphia, steamer
Louisa Moore, from Newborn tor New York,
und steamer Fairbanks, from Wilmington, N. C,
tor New York, all arrived at Norfolk to-day
short of coal, in consequence of having exoeri
enced very heavy gales on their puEsage around
Uattera.
The steamer Thames, which arrived at Nor
folk on the 19th for coal, is detained here; also,
the steamer Norfolk, from Norfolk for Philadel
phia, aud steamer Petersburg, from Richmond
for Baltimore, aud a laree fleet of sailing ves
sels, oystermen, colliers etc., lay anchored in
Hampton Koads, awaiting an opportunity to
pail and an abatement of the present gales.
Tbe steamer Charles W. Lord, which sailed
to-day tor New York, was nil seen bv the Mari
posa before she retuined to Hampton Roads,
the weather being thick and fogerv; but toe
storm being so severe, the Charles W. Lord will
probably have to make the Capes to-night for a
harbor.
The Mariposa left Havana a wepk ago to-day,
and has on board as paesengers one hundred
and titty Texan emigrants. These emigrants
consist of men. women, and children, and,
before the war, belonged to the most wealthy
and influential families in the State. Land was
obtained Irom the Brazilian fiovirnment, and a
reeular settlement laid out by the parties mest
directly interested in the movement, and every
preparation was made for the reception of the
emigrants. Eminent lawyers, doctors, and
divines were enlisted in the cause of emigra
tion, und the settiement, intended to be made
under the protection of the Brazilian Govern
ment, was to consist entirely of the first fami
lies of Texas.
The necessary arrangements having bpen
made, farming materials shipped to Rio Janeiro,
and agents sent to Brazil to look out for the
interests of the settlement and emigrants,
they finally sailed from Galveston In the brig
Derby, for Rio Janeiro, about two months aso.
Their troubles now commenced stormy weather
firevanea, ana tne passace to Brazil was ue
ayed. The captain of the brig proved recreant
to the trust repobed in him, and through some
mismanagement, the trig was totally wrecked
on the Colorado reefs, near the island of Cuba.
The emigrants were all saved from the wrecked
vessel, and reached Havana, whence they took
passage on the Mariposa for New York. 8ince
leaving Havana a succession of severe storms
was experienced, aud the most disagreeuble
weather prevailed.
The sufferings and disheartening influences
of sea-sickness were now swelled the mis
fortunes of the Texar.s, and added to the list
ot their trials since their departure from Gal
veston. The Mariposa had to put Into Norfolk
short of coal, and her later adventures have
been chronicled above. The emigrants ex
pected to be able to reach New York in time
to take the steamer Merrimae, which is ad
vertised to sail to-morrow for Rio Janeiro
via St. Thomas; but the Mariposa has been
delayed already several days beyond her time,
and they will have to wait iu New York for
the departure of the succeeding steamer.
They have been storm-bound yesterday and
to-day on tbe steamer in Hampton Roads, and
feeling exceedingly disconsolate at the disap
pointment in not being able to reach New York
to take the Rio steamer, the emigrants are very
expressive in terms of despondency over tbe sad
misfortunes which have accompanied them.
Although very few even of the sterner sex with
stand the gloomy and dispiriting influence of
the prevalent stormy weather, the majority are
determined to carry out their cherished plans,
and to reach their settlement in Brazil at the
very earliest opportunity,
The numerous vessels arriving in Hampton
Roads for a harbor, from all parts of the coast,
make the same report of the heavy gales which
have been experienced during the past ten
days. Off Hatteras the gales have raeed inces
santly, with all their usual fearful violence, and
all the steamers bound to the north, which have
put into Norfolk for coal, have had to make
the same persistent struegle iu combating the
violent northeasters as they swept around the
Cape, with snow, hail, and rain as accompani
ments. From Cincinnati.
Cincinnati, March 23. W. W. Smith, for a
long time connected with the telegraph oiliee
in this city, has been eleoted Vioe-President
of the Indianapolis, Cincinnati, and Lafayette
Railroad Company.
At a meeting of the Democratio Executive
Committee last night, a letter waa read from
Samuel N. Tike, declining the nomination as
candidate for Mayor. No action has aa yet
been taken in the matter.
A literary duel was fought at Venice, the
combatants being Lieutenant-Colonel Manin
and Professor Gniseppe Vollo, and the cause a
biography by the latter of Daniel Manin,
which the former considered inimical to the
memory of his father. The learned professor
received a wound in the right hand at the first
assault, and the affair ended, the seoonda re
futing to allow tbe combat to pree4.
GREAT FIRE THIS MORNING.
The Winter Carden Theatre, Tre
mont House and Southern Ho
tels Destroyed In New York
Loss, fl,OOOfOOO.
New York, March 23. Tho Winter Garden
Theatre took fire this morning, and is now
burning. The Southern Hotel and Tremont
House are also burning. The loss will be
very heavy.
second despatch.
Additional Details-Mr. Booth's Ward
rob Destroyed.
New Yobk, March 23. At about 8 o'clock
this morning an employ6 in the Winter Gar
den Theatre, having occasion to remove the
stage trap-door, discovered the cellar under
neath to be on fire.
The alarm waa immediately given, but be
fore the fire-engines could reach tho sceno of
the conflagration tho flames had com
municated to the upper portion of the
building, and in fifteen minute3 from
the first discovery of the fire the
theatre was reduced to a smouldering mass of
charred ruins. The firemen finding it impos
sible to save the theatre, directed their efforts
to prevent the flames from spreading
to the adjoining building, the Southern
Hotel, in which they hap
pily succeeded. The injury done to the Hotel
by the water was great, aa the ceilings, carpets,
and furniture Lave been much damaged.
The fire id the most disastrous which has
occurred in the city since the conflagration of
18(15, and involvea a losa of about $300,000.
All the properties of the Theatre, including the
magnificent wardrobe of Edwin Booth, were
consumed.
The Winter Garden Theatre.
This noted temple of the draruu was one of
the largest theatres in New York city. It was
quite au ancient establishment, and, under tbe
mauagement or nr. uoaries watcot, r., naa
pe. haps seen its palmiest days. It was situated
amidst some of the most valuable properties on
Broadway, above Bleecker ptreet, being in the
immediate vicinity of the Tremont House aud
Southern hotels, both of which are reported to be
destroyed or greatly damaged by the fire. In 1360,
the Winter Garden Theatre was renovated and
greatly improved. Indeed, the auditorium was
one of the neatest and handsomest in New
York. Nearly two years ago Mr. Edwin For
rest Booth and John Sleeper Clarke became
lessees ot the winter warden, and tney ap
pointed Mr. Stuart, tbe veteran comedian, their
business manager. Since these gentlemen have
had the establishment, it has been much
patronized by the elite ef the city. Mr. Booth
was to have closed a most successful engage
ment this evening, with his great part of "'Shy
lock," which role he has presented some fifty
consecutive nights to very large audiences.
The loss by the fire will probably foot up
nearly a million dollars. Tho Theatre building
was worth about two hundred thousand dollars,
upon which there is nearly a full insurance.
The loss of Messrs. Clarke & Booth will be
heavy, but is partly covered by insurance.
The Winter Garden Theatre was first opened
as the Metropolitan, by Henry Willard. in 1865.
Hie jMdy of Lyons was the openiDg play, with
Julia Dean Hayne as "Pauline" and E. tiddy as
"Claude."
Laura Keene afterwards became lessee, and
called it the Varieties. She was succeeded by
Burton, who lost money at the plaee, aud Dion
Boucicault took the Theatre oS his hands, had
the building altered, and christened it the
Winter Garden. Mr. Stuart succeeded Bouci
cault, and Messrs. Clarke and Booth followed
immediately after Mr. Stuart.
All the property mentioned forms a part of
the great Lafarge estate.
The Southern Hotel and Tremont House were
large second-class hotels, whicu were generally
crowded with guests.
Opera Houses, Theatres, und Museums
liurned In the United States.
The following is a list of places of amusement
destroyed by tire in the United States since the
yeiir 171)8:
Federal Htreet Theatre, Boston, Feb. 2, 1798.
lianlel to wen's Museum, Boston, Jan. 15. 1S03.
CliesnutKtreet Theatre, Philada., April 20, U20.
Pnrk Theatre, New York, July 4. l&Sl.
ltichmoud Theatre, Richmond, Deo. 16, IS21.
Tlieatre, Natchez., Mississippi, Sept. 5, 18'5.
Bowery Theatre, New York, May 2S, 1S28.
Liifnyette Theatre, New YorH, 1829.
Cnldwell's Theatre, Cincinnati, Oct. 22, 1810.
ltichmond Hill Theatre, N. Y.. July 4, lS.fl.
Front Street Theatre, Baltimore, Jan. 5, l&iS.
O.ok's Theatre, Baltimore, Feb. 2. 1S3S,
AlJUnMC?, .T1UUUO, UIA I,
llowery Theatre, New York, Feb. 18, 18.T8.
New Theatre, Charleston, 8. C April 27. 1833.
National Theatre, New York, Bept. 29, 1839.
New National Theatre, N. Y.. May 23, 1K11.
tSl . Charles Theatre, New Orleans, March 13, 1812.
American Theatre, New Orleans, July 29, 1812.
Old American Theatre, Cincinnati, Kept. 22, 1812.
State Street Theatre, Mobile, Nov. 13, 1842.
Providence Theatre, Providence, Oct. 21, 1814.
National Theatre, Washington, March 5, 181a.
Bowery Theatre, New York, April 25, 1845,
N Iblo's Theatre, New Y'ork, Sept. 18, 1846.
Pnrk Theatre, New York, Deo. 16, 1848.
A von Theatre, Norfolk, Virginia, Feb. 14, lSol).
Theatre. Lafayette, Loulslanu, Maroh 18, lt50.
Wood's Museum, Cincinnati, July 15, 18.1.
American Theatre, Kucramento, Cal., 1K52.
National Theatre. Boston, April 25, 1852.
American Theatre, Placervllie, Cal., January 30,
Chinese Museum, rhila., July 151854.
National Theatre, Phlla.. July lo.ljwl.
Placlde's Varieties. New Orleans, Nov. 21. 1854.
Vannuchi's Museum, New Orleans. May 6, 18oj.
Metropolitan Theatre, San Francisco, 18o7.
I-yceuin, San Franolsco, 1859.
Forrest Theatre, Sacramento, 1801.
Marysvllle Theatre, Marys vllle, Cal., Nov. 17,
1864
Burnum's Museum, New York, July -13, 1865.
i) . mu..ira ut. I.nnlH. Do I. 6. 1805.
Plke's'operaHo'use. Cincinnati. March K, 1SCC
)oera House, Cincinnati. Marcn sr.', law
jy of Music, New York. May 22. 1866.
outaD i Theatre. St. Louis ftfay 81 1866.
iy of Musio, Cincinnati. July 12. ISO.
Acudenr
Metropol
AVnuotujr "--- 1 Yw "lo tOilA
Phoenei Hall Theatre, Petersburg, Va., Nov.
i8'-iS?Ti,etM. New Orleans. Deo. 7. 1866.
New Bowery Theatre, New Yonc, Dec 18, 1866
The April number of the Gentleman's
Magazine will contain the commencement ot a
startling novelty, considering the staid char
acter of that periodical, in the shape of a
novel entitled "Mademoiselle Mathilda," in
which Dr. Johnson will figure, together with
other literary celebrities of the period
A rumor is current in Vienna that Prussia
has succeeded in preventing the marriage of
Prince Umberto, Crown IMnce of Italy, with
the Austrian Archduchess Mathilda; and that,
consequently, his Royal Highness will not
ome to Vienna,
FINANCE AND COMMERCE.
Ofjticie OF Thi Kvbnino Tbt,iwiph,
Baturdny, March 23, lstf7.
The Stock Market opened very dull this morn
lne, but prices were without any material
change. Government bonds were inactive.
109 was bid for old 6-20s; 107 for July, 1865,
5-20R! 109 tor Cs ol 1881; 97 for HMOs; and
105301051 for June and August 730s. City loans
were unchanged; the new issue sold at 1014
01O1.
Kail road shares were the most active on the
list. Keading sold at SOJ051, a slight advance
on the rlosinif price last evenlne, and Philadel
phia and Krlc at 28J, a slieht decline.
In City pMSscnger Itailrond shares there wa
nothing doing. 47 was bid for Chesnnt and '
Walnut; 72J for West Philadelphia; 13 for'
HeMonville; 27 for Girard College; and 40j for
Union.
Bank shares were firmly held at full prices,
but we hear of no sales. 230 was bid for North
America: 153 for Philadelphia; 136 for Farmers'
and Mechanics'; 56 tor Commercial; 100 for
Northern Liberties; 107 for South wark; 107 for
Kenstneton; 56 for Girard; 95 for Western; 32J
for Manufacturers'; loo for Tradesmen's; C8 lor
City; and 45 tor Northern Central.
In Canal shares there was very littlo move
ment. Morris Canal sold at 75, no chanee. 214
was bid for Schuylkill Navigation common; 53
for Lehieh Navigation; 15 for Susquehanna
Canal; 66i for Delaware Division; and 56 for
Wyoming valley Caoal.
Quotations ot Gold 10 A. M., 134 1 ; 11 A. M.,
1343 ; 12 M., 1344; 1 P. M.,"l34, an advance of J
on the closing price last evening.
PHILADELPHIA STOCK EXCHANGE SALES TO DAt
Reported by Sehaven b Bro., No. 40 8. Third street
BEFORE BOARDS.
10 sh Camden & Amboy R.R 133.'
FIRST BOARD.
inoo City (Vt, New..lsioiJi
ilili..! X' ...it'1
2ii ah Read R- 51
eiuuw uu..uw ii 4
tlOOO PR2 mils 7i
loo ell I'hil fe Krie.bso. 2
leu do bi. uisli
6" h Morris Cnnnl... 67
100 nil C A Aro R Rcr... 74 'i
loo sli Oceuu O..s3ollat.23-lti
103 do....s3uwn. SlV
1(H) do cfri'td
loo do dm). 51 -
100 do c.&0'8t'
loo do...830wn.5(rNl
100 do Do. W81
SECOND BOARD.
tSOoo City fte, New lot?,'
28 sb Fetina R.
7 do.. 5'
Bil do...jijwo.. 66 Si
60 do 66 ;
2 8h MlDelllll. 68
fiovoj I'eunaos on
14 sh LeliixU M ts
100 do m4
mo do 5Hi
looBhC Aicr 7Ja
Messrs. De Haven & Brother, No. 40 South
Third street, report the following rates of ex
change to-dav at 1 P. M. : U. S. (is of 1881, 108$.
dClOOi; do., 1862. 109(fU09J; do., 1864, 107401071;
do., 18G5, 1O7J01O8; do., 186.), new, 1O701O7J;
do 5s, 10-408, 9740971; do. 7'30s, August, 105
106; do., June, 105401054; (to.. July, 10540
I0.ri ; Compound interest Notes, June, 1864, 17f
017J; do., July, 1H64, 17J017J; do., August,
1864,163016'; do., October, 18ti4, 15j016i; do.,,
December, 1864, 14jl14J; do., May, 1865, 12J.
12; do., Aueust, 1865, 1110114; do., Septem
ber. 1865, 1O801OJ; do., October, 18G5, 1030101.'
Gold, 134J01344. :
Messrs. William Painter & Co., bankers, No.
3R South Third street, report the following rates
of exchange to-day at 12 o'clock: U. 8. 6s, 1881,'
coupon, 10901094; U. 8. 5-20S, coupon, 1862,'
101)01094; do., 1864, 1O7J01O74; do., 1865, 107
0108; do. new, 107104; 10-40s, coupon, 97?
097i; U. 8. 7-30s, 1st series, 10540106;.
do., 2d series, 105401054; 3d series, 10541054.
Compounds, December, 18C4, 14j14J, Gold,
13440134J.
Philadelphia Trade Report
Saturday, March 23. There Is a firm feeling
In tbe Flour Market, and a fair demand from
the home consumers, but a total absence of any
inquiry for shipment. Sales of a few hundred
barrels at $8-259 for superfine; S9'5010 60 for
extras; 81 175 13 for Northwestern extra family;
f 1140314-25 for Pennsylvania and Ohio do.; and
S1417 for fancy brands, according to quality.
Sales of 400 bbU. Ohio on secret terms. Rye
Flour is selling at $7-25(a7-89 V bbl. Nothing
doing in Corn Meal, and prices ate nominal.
The market la very poorly supplied with
prime Wheat, and this description Is in good
request at fair prices; sales of 1600 bushels Penn
sylvania red at $2-803-10; and California at
t3-20fe3-2S. Rye ranges from 81-48 to $1-50
bushel for Pennsylvania; 2000 bushels Western
sold at 11-40. Corn Is In moderate request; sales
of new yellow, In store, at 81-10. Oats remain
without change; sales of 2000 bushels Pennsyl
vania at 68c.
Nothing doing in Barley or Malt.
There is very little Cloverseed coming for
ward, and the article is In steady request; sales
of new at tSaO'bM fa 64 lbs. Timothy ranges
from $3-37 to $3-ul Flaxseed Is wanted by
tbe crusners at t3'2..
Whisky The contraband article Is selllnit at
80c,fel t gallon.
Markets by Telegraph.
New York, March 23. Stocks steady.
Chicago and Rock; Island, 87; Reading, 101i;
Canton Company, 74; Erie Railroad, 68j
Cleveland and Toledo, 119; Cleveland and Pitts
burg, 78; Pittsburg and Fort Wayne, 96
Mleiilean Central, 1084; Michigan Southern,
1f; New York Central, 1067-; Cumberland pre
ferred, 81 Virginia 0s, 57: Missouri 6s, 90;
Hudson River, 138; UnltedStates Five-twenties,
1862, 10!4; do. 1864, 107; do. 1865, 107; new
issue, 107)4; Teu-forties. 97 Seven-thirties, first
issue, 106; all others, 105. Sterling Exchange,
108; at sight, 109. Gold closed at m. Money,
6 percent.
Sak Francisco, March 22. Flour firm and in
good demand; extras, $02.3; superfine, 550;
Oregon, $4-725. Wheat quiet. It is believed
that large quantities are being received for
shipment to Liverpool. Choice to good, (180
&1-90.
LATEST SHIPPING INTELLIGENCE.
PORT OF PHILADELPHIA..
..MARCH t3.
KTATE OF THtRMOlf ETF.B AT THI IVBNlNa TKL-
dKiru orricjc
7 A. M 40,11 A. M .....4fi2 P. M..........48
For additional Marine Newt see Third Page. -
CLEARED THIS MORNING.
Barque R. O. W. Dodge, Cooper, Marseilles, J. E. B al
ley dt Co.
MEMORANDA.
Steamship Tonawunda. Caitiarlue, hence for Savan
nah, waa npoken 18tb lust.. 11 A. M do IhL, etc
bbcbrsW. B. Doughton, Tateto, and Oeorge Fales,
Mlokerson. hence, at Providence 2lst Inst.
ticlir B. Waaliburn. Williams, for Mew York, sailed
from Taunton 2oib Inst
bebrs tt. A. Bolce. Bolce. and A. M. Aldrldge, Bate
man, bence. at Kali River 21st idiu
Hcbrs 1. Waploe, Rublnaon. and C. MsrrlcK, Mont
gomery, for Philadelphia, sailed from Providence gist
liutanb
DISASTERS.
(Ship Richard Btuteed, from Calcutta, In going up
Bom ion barbor yesterday, broacbed lo in a squall, aot
went ubora ou Bird Island Hula, bnt was subse
quently got off, and towed up lo tbe city.
Blilp Cowper, fcparrow, at Boston from Liverpool,
loot sails, and carried away malutopmaitt head and
mbueu topgallautmast, wall all attached, durlns a
heavy sale ou tbe inib ult.
Barque Lucy A. Nickels. Ford, from Cardiff Jan 18
for Havana, wrecked at Tenerlffe, waa bis tons recta-'
tor. built at feearsport, Me., lu 1866, wueuceshe hailed.
Slid rated AS. 1
Barque -Western Be, st Boston from Messina, from
Ion. 40 bad continual heavy wmterly (aim; spruur
yards, and spill sails. On Feb. 2 N.orUeorgesbboals
picked up s boat, 16 feel keel, white bottom, stove ad
one side. "
POM RaTIc" PORTS.
Nsrw Yohb. March U.-Arrlvsd, steamship Lodona.
Hovey, from Boston. '
Bcbrllero. Kelly, from Halem. Slat Inst., l-m P M.
when near the Kieeotlon Rocks, saw two men on lbs
bottom of s boat: bovs the vessel by tbe wind, lowered
sway tbs yawl, and sent Frederick Kelly. Iilcbard
Ward, and Daniel Incb to ibemacu. Tney succeeded
In Retting the two men, but on of them, B. F. Morton
ri.ll Uate pilot, was iead, aa Uued tb'm Tit City
Island. llWMWlsliissgulsaitfhsthasfiuiu,