It was the law during Lincoln's presidency and he chose to ignore it and  his 
duty.  You can't put a perspective on it 70 years later.  Lincoln  had the 
right to request review en banc by the Supreme Court after the Ex Parte  
Merryman decision was released, he didn't do that, the decision became the law  of 
the land and he was duty bound to obey it.  He did not do so.   There is no 
defense.

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