Your point is wrong.
If he had someone arrested after a case with language like that of Milligan had come down, that would be one thing, or if he had kept someone incarcerated -after- such a ruling, that would be one thing. He never did that.
When Milligan was arrrested, as he said, the Constitution allowed HB to be suspended. The Constitution does not have any territorial limitations; it doesn't say HB may be suspended only in active theaters of war.
You neo-rebs throw up your hands, "oh my gosh, look what Lincon did!", when there is nothing to it.
Walt