It was as much dumb luck as anything else that placed Lincoln in the White House in this critical time. To expect another Lincoln would be foolish. Nor should the legal system be designed on the assumption that all leaders will have his qualities. Even the wisest rulers must be restrained by law. But no matter how many checks and balances and protections we build into the system, we must keep in mind Hamilton's admonition. "Sir, when you have divided and nicely balanced the departments of government; when you have strongly connected the virtue of your rulers with their interest; when, in short, you have rendered.your system as perfect as human forms can be-you must place confidence; you must give power." In the end, all power can be abused, so we must take the risk of putting confidence in those who exercise power. This is as much true of generals and justices as it is of presidents. We had best take care that, like~Lincoln, they are worthy of our trust."
-- "Lincoln's Constitution", p. 200, by Daniel Farber
Walt
As the State governments have a power of suspending the habeas corpus act [in cases of rebellion or invasion], it was said there could be no good reason forgiving such a power to the general government, since whenever the State which is invaded or in which an insurrection takes place, finds its safety requires it, it will make use of that power -- And it was urged, that if we gave this power to the general government, it would be an engine of oppression in its hands, since whenever a State should oppose its views, however arbitrary and unconstitutional, and refuse submission to them, the general government may declare it to be an act of rebellion, and suspending the habeas corpus act, may seize upon the persons of those advocates of freedom, who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the union, so that a citizen of Georgia might be bastiled in the furthest part of New Hampshire -- or a citizen of New Hampshire in the furthest part of the south, cut off from their family, their friends, and their every connection -- These considerations induced me, Sir, to give my negative also to this clause.Habeas Corpus, Rethinking the Great Writ of Liberty, 2001, New York University Press, Eric M. Freedman, p. 13
[nc note: all italics in original]