Marsh protested to Confederate Secretary of War James Seddon, arguing that the area where he was captured was Union-held, and he should thus be considered a prisoner of war rather than a spy.
Born in Falmouth, Stafford County, Virginia, Seddon was a descendant of William Alexander, Earl of Stirling.
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His offer to Secretary of War James Seddon included a proposal to arm each enlisted man in his regiment with a Bowie knife and a pike.