[4CJ]

"So it is not a question of who suspended habeas corpus but where and when."

Considering where and when it did occur, whether or not it was performed by Lincoln or the Congress, the court ruled it illegal.

[Non-Sequitur]

But it did not rule if Lincoln's actions in Maryland in 1861 were illegal. Nor did it rule if, say, suspension of habeas corpus in New Orleans was illegal. It just ruled that in states not in rebellion and where the courts operated freely then suspension of habeas corpus was not necessary so it couldn't be done.

Had there been such a thing as a confederate supreme court I wonder what they would have thought of the Davis suspension of habeas corpus. If they followed the same legal thinking of the U.S. Supreme court I would assume that they should have found Davis in violation of the constitution as well. But we'll never know.