"In Ex Parte Milligan, during a suspension, the Supreme Court wrote, "The first question, therefore-Ought the writ to issue?-must be answered in the affirmative." Of course, in Ex parte Milligan, the Court upheld the Habeas Corpus Act, but limited its application to the "locality of actual war."
Of course, in
Milligan, the Court found that the Lincoln administration had violated the requirements of the Habeas Corpus Act in all of its particulars, and found that where the civilian courts were operating, all of the Lincoln administration military tribunals were unconstitutional.
Of course, in Milligan, the Court said:
Suspension of the privilege of the writ of habeas corpus does not suspend the writ itself. The writ issues as a matter of course; and, on its return, the court decides whether the applicant is denied the right of proceeding any further.