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As a military General under a commanding state of Martial Law, General Hovey viewed the plot involving Lambdin P. Milligan to free Confederate war prisoners and overthrow three state governments as an outright rebellion to his authority. Being as Martial Law was instated and Hovey was the acting General, he captured Milligan and tried him under a military tribunal possibly because he saw Milligan's actions as treasonous, which would constitute military action. To General Hovey, these actions were perfectly justified.

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