A scene from “Unfinished Business”

To preserve the Constitution, Lincoln had for three months gone beyond it: waging war without Congressional consent; seizing Northern telegraph offices; suspending habeas corpus. To keep the border states from seceding, Lincoln sent troops to occupy Baltimore and clapped the mayor and 19 secessionist legislators in jail, without trial. Chief Justice Taney ruled that the President had exceeded his power. Lincoln simply ignored him. "More rogues than honest men find shelter under habeas corpus," he said, and even contemplated arresting the Chief Justice.