[4CJ]

Bottom line, it's a moot point: as far as when Lincoln took the action, it was legal for him to do so.

Wrong. The case(s) ex parte Bollman and ex parte Swartwout, 4 Cranch 75 (1807) was a habeas corpus action for Samuel Swartwout and Erick Bollman. The writ in question was issued by Justice Willian Cranch on 27 Jan 1807. Chase wrote:

'If at any time the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the legislature to say so. That question depends on political considerations, on which the legislature is to decide.'

The vote was 3-1. It was not a circuit court decision, it was a full decision of the US Supreme Court, authored by Chief Justice Marshall, with Justices Johnson, Washington and Livingston concurring (Justices Cushing and Chase were sick, Justice Johnson dissented).

[LexBaird]

Wrong. The case(s) ex parte Bollman and ex parte Swartwout, 4 Cranch 75 (1807) was a habeas corpus action for Samuel Swartwout and Erick Bollman

I had not heard of this case before. Do you have a link to the whole decision? Also, you quote Chase, but say the Bollman decision was authored by Marshall with Chase absent. Is your quote from that decision, or from Chase speaking elsewhere?