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[249] Hawk expedition, and was made brevet second-lieutenant of the First dragoons March 4, 1833, but resigned in April. He then practiced law at Frankfort and at Louisville and was successively captain, major and lieutenant-colonel of Kentucky militia. In the Mexican war he served as colonel of the First Kentucky cavalry volunteers, and under General Taylor won distinction at the battle of Buena Vista, where he led the cavalry charge. The term of service of the regiment expired July 7, 1847. Colonel Marshall then returned to his farm in Kentucky. He declined several nominations, both State and National, but at last consented to run for Congress, was elected as representative of the Louisville district in 1849, and at the expiration of his term was re-elected. President Fillmore nominated him in 1852 as commissioner to China, which position was raised to a first-class mission, and his nomination was at once confirmed by the senate. After his return he was elected on the American ticket to the Thirty-fourth Congress and then to the Thirty-fifth, in which he served on the committee on military affairs. In 1856, as a member of the council of the National American party, he succeeded in having the pledge of secrecy stricken from the rules of the society. In the presidential campaign of 1860 he canvassed his State for the ticket headed by John C. Breckinridge. Upon the secession of the Southern States he raised a large number of volunteers for the Confederate army and was commissioned brigadier-general October 30, 1861. The district of Eastern Kentucky was assigned to him with instructions to operate in the mountain passes on the Virginia border. On January 10, 1862, he met Federal forces under General Garfield at Middle creek in Floyd county. A severe combat ensued in which Marshall repulsed every attack, but many of his men having been without food for several hours and no provisions being near at hand, on the next day he began to retire toward Martin's Mill. In May he defeated the Federals under J. D. Cox

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