Article I
,
Section 9
,
clause 2
The Privilege of the Writ of HabeasCorpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Monday August 20, 1787 Journal
The privileges and benefit of the writ of habeascorpus shall be enjoyed in this government in the most expeditious and ample manner: and shall not be suspended by the Legislature except upon the most urgent and pressing occasions, and for a limited time not exceeding X months.
Tuesday August 28, 1787 Journal
It was moved and seconded to add the following amendment to the 4 sect. 11 article
"The privilege of the writ of HabeasCorpus shall not be suspended; unless where in cases of rebellion or invasion the public safety may require it."
which passed in the affirmative [Ayes - 7; noes - 3.]
Tuesday August 28, 1787 Notes of Debates in the Federal Convention of 1787
Mr. Pinkney Mr. Pinkney, urging the propriety of securing the benefit of the Habeascorpus in the most ample manner, moved "that it should not be suspended but on the most urgent occasions,
Mr. Rutledge Mr. Rutlidge was for declaring the HabeasCorpus inviolable- He did (not) conceive that a suspension could ever be necessary at the same time through all the States--
Mr. Morris Mr. Govr Morris moved that "The privilege of the writ of HabeasCorpus shall not be suspended, unless where in cases of Rebellion or invasion the public safety may require it".
Mr. Wilson Mr. Wilson doubted whether in any case (a suspension) could be necessary, as the discretion now exists with Judges, in most important cases to keep in Gaol or admit to Bail.
Mr. Morris The first part of Mr. Govr. Morris' (motion,) to the word "unless" was agreed to nem: con: - on the remaining part;
Mr. Wilson N. H. ay. Mas. ay. Ct. ay. Pa. ay. Del. ay. Md. ay. Va. ay. N. C. no. S. C. no. Geo. no. [Ayes - 7; noes - 3.]