the Confederacy's President, Jefferson Davis, had no philosophical turmoil suspending the writ of habeas corpus and jailing Southerners without specified cause.The Confederate Congress authorized Davis to suspend habeas corpus for specified time periods. Lincoln on the other hand suspended it on his own in 1861, for which the US Congress later had to indemnify him. If Lincoln had the power to suspend habeas corpus, as some Northern posters argue, why did the US Congress authorize Lincoln to suspend it in 1863?
"Lincoln [had] shown that in construing any one provision of the Constitution in its relationship with the other provisions with which it may appear to be in conflict, the dominating purpose of the Constitution, as distinct from its instrumental purposes, must provide the guide to its interpretation. there can hardly be any question but that the provision for suspending the writ of habeas corpus is placed in the Constitution to enable the government to provide for the public safety in the case of rebellion.
Where in the Constitution it is placed is wholly subordinate to
why it is there at all."
Prof. Harry Jaffa
A New Birth of Freedom