The House being cleared of all persons except the members and the Clerk, Mr. Smith delivered to the Speaker the following communication in writing:
Gentlemen of the House of Representatives:
The Senate have passed a bill suspending for three months the privilege of the writ of habeas corpus, in certain cases, which they think expedient to communicate to you in confidence, and to request your concurrence therein, as speedily as the emergency of the case shall in your judgment require.
Mr. Smith, also, delivered in the bill referred to in the said communication, and then withdrew.
The bill was read as follows:
A Bill suspending the writ of Habeas Corpus for three months, in certain cases.
Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That in all cases, where any person or persons, charged on oath with treason, misprision of treason, or other high crime or misdemeanor, endangering the peace, safety, or neutrality of the United States, have been or shall be arrested or imprisoned, by virtue of any warrant or authority of the President of the United States, or from the Chief Executive Magistrate of any State or Territorial Government, or from any person acting under the direction or authority of the President of the United States, the privilege of the writ of habeas corpus shall be, and the same hereby is suspended, for and during the term of three months from and after the passage of this act, and no longer.
Mr. P. R. Thompson moved that the message and the bill received from the Senate ought not to be kept secret, and that the doors be opened.
Mr. Burwell and Mr. Smilie spoke in support of the motion.
Mr. Early thought that a previous order should be taken to remove the injunction of secrecy. To open the doors and admit strangers to hear the debate, and yet continue the injunction of secrecy on members, would present a singular spectacle.