1. At the time of Lincoln's first three suspensions (April 27, May 10, July 2, 1861), Congress was not in session.
As my post pointed out, none of Lincoln's many pronouncements of the suspension of the writ were made when Congress was in session, with the possible exception, as I pointed out, of the December 2, 1861 suspension of the writ in Missouri on the same day that Congress reconvened. In case you missed my words, here is what I said:
Lincoln suspended the privilege of the writ multiple times when Congress was not in session. The one possible exception to this was when Lincoln suspended it for Missouri on the same day that Congress reconvened. Perhaps he sent his proclamation out before Congress formally opened its session that day.
None of Lincoln's suspension proclamations, other than the December 2 one I pointed out, were issued when Congress was in session.
When Congress reconvened July 1861, the Senate took up a bill to authorize Lincoln's habeas corpus suspensions. But the bill's language did not suit even some supporters -- i.e., Illinois Senator Lyman Thrumbul -- so neither it nor Thrumbull's alternative bill were voted on. Note that no bill to censure or revoke the President's actions was ever introduced.
You forgot to mention this bill [Congressional Globe, May 12, 1862, page 2070, remarks by Mr. Shellabarger, a Lincoln supporter, my emphasis below]:
Mr. Chairman, in England and America, in this House and in the Senate, by the British minister residing at this Government, and by the London Times, by Jefferson Davis and my colleague [Mr. Vallandigham,] the President of the United States has been denounced as a tyrant and despot, because he ordered certain conspirators engaged in attempts to overthrow the Government to be arrested and detained in military custody. And my colleague proposes, by a bill now pending in this House, to imprison the President of the United States for not exceeding two years if he shall repeat the conduct of which he has been guilty in the imprisonment of Merryman and his confederates. And sir, within a few days of the time I speak, in this House, this conduct has been declared to be, in the opinion of most distinguished members, illegal and arbitrary.
Yes, I did miss that point, and it is interesting to note.
But it does not change the more salient fact I pointed out, namely, that once Congress returned in July 1861 it had every opportunity to censure or revoke Lincoln's actions, and chose not to.
Indeed, all of Congress' serious debates on this subject involved the question of precisely how to indemnify and authorize various suspensions of habeas corpus.
These debates ended with a compromise signed into law by Lincoln in March 1863.
rusty: "You forgot to mention this bill [Congressional Globe, May 12, 1862, page 2070, remarks by Mr. Shellabarger, a Lincoln supporter, my emphasis below]: "
I've not read of that anywhere else, and searching for your reference did not produce results.
Doubtless, it did happen, but context is everything and so far I can't find anything on that.
rusty quoting 1862 Congressional Globe:
And with such friends as the British minister, the London Times, Jefferson Davis and Copperhead Vallandigham, why would any bill in Congress have needed enemies?
I would suggest to you rusty, that any such bill was submitted as a joke, and was properly treated as such.