VIN mr UPCHURCH. · " V 27
pursuance of the first of these secti0ns,——section1982. To carry out
what isevidently the purpose of the legislature by this constructionof
section 1984, the court is not compelled to do as much violence to the
section as would be done-by a literal construction, for that would nullify
it entirely; while the- second one suggested would, though only neglect- _
ing two words, insert six others in their place. - V P V · ·
An examination of the statutes irom which the three sections under
consideration were drawn shows beyond a doubt that this construction
_ is the one which carries out the intention of the original acts. The stat-
utes in question are the civil rights bill of 1866 and that of 1872. It
will not be necessary to our purpose to examine more than the first of
these two acts. Itis entitled "An act to protect all persons in the United
States in their civil rights, and furnish means for their vindication," and
was passed over the veto of President Johnson on the 9th of April, 1866.
‘ At that time congress and the president were engaged in the reconstruc-
tion contest, so called, which culminated in the impeachment of the lat-
ter. The United, States marshals being presidentialappointees, and the
hostility of Mr. Johnson to the civil rights bill being notorious, it was
apprehendedfthat the marshals would not enforce the law; l Hence the .
insertion in it of a provision making it highly penal in such officers to
refuse to receiveor fail to execute writs issued inrpursuance thereof, and
also of one providing against such apprehended relusal or neglect by pro- '
viding for the appointment of other officers to. execute them. Sections
4 and 5 of the act of April 9,,1866, read as follows: r
  "Sec. 4. And be it further enacted, that the district attorneys, marshals,
and deputy-marshals of the United States, the commissioners appointed by the
circuit and territorial courts of the United States, * * * the otiicers and
agents of the freed1nan’s bureau, and every other otiicer who may be spe-
cially empowered by the president of the United States, shall be, and they are
hereby,‘specially authorized and required at theexpense of the United States
to institute proceedings against alland every person who shall violate the
provisions of this act. * * * And with a view to affording reasonable
protection to all persons in their constitutional rights of equality before the
law without distinction ofrace or color, * * * it shall be the duty of the
circuit courts of the United States, and the superior courts of the territories
of the United States, from time to time, to increase the number of commis-
_ sioners, so as to afford a speedy and convenient means for the arrest and ex-
amination of persons charged with a violation of this act. * * * Sec. 5.
It shall be the duty of all marshals * * * to execute all warrants * * *
issued under the provisions of this act, * ~‘* * and should any marshal
or deputy-marshal refuse to receive such warrant, * * * or to_ use all
proper means diligently to execute the same, he shall, on conviction thereof, be
fined. * * * And the better to enable the said commissioners to execute
their duties faithfully, * * * they are hereby authorized and empowered,
within their counties respectively,,to appoint, in writing under their hands,
any one or moresuitable persons from time to time to executeall such war-
rants and other process as may be issued by them in the lawful performance
of their respmtive duties." , , V   r 1 _
~It is evident that the "said commissioners" of section 5 refers to the
word as first used in section.4; and includes all, United States commis-
sioners. In rewritingthese sections, as modified by the act of 1872, (the '