Like the judicial review available to Lambden Milligan. What judicial review was available to a southern Lambden Milligan?
When habeas corpus is suspended by the government entity authorized to do it, you could appeal to the courts until you were blue in the face. The courts would rule that habeas corpus was legally suspended, so why bother?
No doubt that was the case under the Davis regime. But, as you know, the Supreme Court did rule that habeas corpus could not be legally suspended in areas of the country where the courts were operating freely. Under the Davis regime, on the other hand, habeas corpus was suspended in all parts of the country, regardless of the presence of the judiciary that you claim was operating freely and openly, hundreds of miles from the fighting.
Funny you should mention Milligan. In ex parte Milligan, the Court found that Lincoln's order authorizing trial by a military tribunal of Lambdin P. Milligan was unconstitutional. The Court said that civilians must be tried in civilian courts as long as the civilian courts were open and operating.
What took the Feds so long? Why didn't they rule during the war against Lincoln's use of the military against Northern civilians? The Milligan ruling could have cited as precedent the 1864 ruling of Judge Moise of the CSA District Court of Louisiana I cited before.
Under the Davis regime, on the other hand, habeas corpus was suspended in all parts of the country, regardless of the presence of the judiciary that you claim was operating freely and openly, hundreds of miles from the fighting.
It was legal for the Confederate Congress to do that. Besides, there was fighting throughout much of the South. The North, on the other hand, had vast areas that were not being invaded.