The debate here is over Article I, Section 9:
So, were President Lincoln's suspensions of habeas corpus without prior Congressional approval unconstitutional?
Were similar suspensions in the Confederacy also "unconstitutional"?
Consider, the Confederate Congress granted Jefferson Davis authority to suspend habeas corpus in February 1862, just five days after Davis' formal inauguration as President.
By contrast the US Congress debated the subject from July 1861 to February 1863, before finally approving suspension in certain cases.
But in practical terms, didn't both sides in effect suspend habeas corpus, with or without their Congress's approval?
In short: isn't the equivalent of Lincoln's actions in Maryland, Confederate actions in East Tennessee?
What gave the Confederacy any legitimacy in the first place?