All well and good, but what does this have to do with the freeing of slaves when the Union army showed up after Jan 1 1863. This is what the original question was about.
[Bull Snipe #173] All true up until Jan 1863.[DiogenesLamp #192] You can't post hoc justify an act you took.
[Bull Snipe #195] Besides your opinion, show me the case law, supported by court decisions that makes Lincoln’s actions illegal.
[woodpusher #229] In 1863, Congress raised the number of justices to ten (10), so Lincoln could pack the Court with a fifth Lincoln appointee to ensure against legal disaster. After Andrew Johnson took office, in 1866 Congress reduced the number of justices to seven (7) by attrition, although never fell below eight (8), ensuring Democrat Johnson never got to appoint anybody. After Johnson left and Grant took office, Congress returned the number of justices to nine (9) in 1869, and enabled Grant to make an appointment. That about took care of Court opinions condemning Lincoln administration actions for much of his administration.
[Bull Snipe #234] All well and good, but what does this have to do with the freeing of slaves when the Union army showed up after Jan 1 1863. This is what the original question was about.
In context, it still appears to consider up until Jan 1863, and DiogenesLamp argues that your post-1863 argument is post hoc justification for acts before Jan 1863.
I don't recall ever before encountering any argument based on show me the case law, supported by court decisions that makes Lincoln’s actions illegal, for years 1863-65, but the explanation for the paucity of such court opinions is fairly obvious. When Lincoln proclaimed the nation-wide suspension of habeas corpus, he stripped the U.S. Supreme Court of its appellate jurisdiction to hear such cases.
Habeas Corpus Act of March 3, 1863; 12 Stat. 755
The Habeas Corpus Act of 1863 provided, inter alia, that any order of the President to be a defence to any action for false arrest, etc.; actions against officers and others for torts in arrests may be removed to circuit court; and upon removal to Federal court the State court to go no further. Also, after final judgment in State court, action may be removed to circuit court by appeal.
Also, no appeal was allowed in a criminal action or prosecution where final judgment was rendered in favor of the defendant or respondent by the state court, and if any suit commenced by the plaintiff is nonsuited or judgment pass against him the defendant shall recover double costs.
No appeal allowed, and if you try and lose, you pay mandatory double costs.
The Act did contain a provision,
That the Secretary of State and the Secretary of War be, and they are hereby, directed, as soon as may to be practicable, to furnish to the judges of the circuit and district courts of the United States and of the District of Columbia a list of the names of all persons, citizens of states in which the administration of the laws has continued unimpaired in the said Federal courts, who are now, or may hereafter be, held as prisoners of the United States, by order or authority of the President of the United States or either of said Secretaries, in any fort, arsenal, or other place, as state or political prisoners, or otherwise than as prisoners of war.
The Lincoln administration never complied with that, making all such confinement contrary to said statute.
Political prisoners, described as such in the Official Records of the War of the Rebellion, were held without being formally charged, and without benefit of trial. Absent the privilege of the writ of habeas corpus there was no judicial remedy available.