You are assuming that the arrests themselves were wrong, but they may not have been.
There may have been justification for many of them.
Now, Bensel says that the North was more severe in its handling of the suspension, but maybe they were justified in being so.
It may have been that rather then 38,000 being too high, 4,000 was too low, and that the South did not make enough arrests and therefore weakened their own war effort. The first responsiblity both Lincoln and Davis had was to win the war that they were in, and getting control of illegal activities in their own areas was a major part of that responsibilty.
It would seem that Davis did not have enough power to accomplish the job given to him, at least as far as the Writ was concerned.
Tis no matter of assumption. Even the most partisan Lincoln sycophant will acknowledge that at least some of his arrests were unjustified.
There may have been justification for many of them.
Then that is your burden to prove, not mine.