[Congressional Record Volume 153, Number 37 (Monday, March 5, 2007)]
[House]
[Pages H2136-H2137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         BRIGADIER GENERAL FRANCIS MARION MEMORIAL ACT OF 2007

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 497) to authorize the Marion Park Project, a committee of 
the Palmetto Conservation Foundation, to establish a commemorative work 
on Federal land in the District of Columbia, and its environs to honor 
Brigadier General Francis Marion.
  The Clerk read as follows:

                                H.R. 497

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Brigadier General Francis 
     Marion Memorial Act of 2007''.

     SEC. 2. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS 
                   MARION AND HIS FAMILY.

       (a) Findings.--The Congress finds that:
       (1) Francis Marion was born in 1732 in St. John's Parish, 
     Berkeley County, South Carolina. He married Mary Esther 
     Videau on April 20th, 1786. Francis and Mary Esther Marion 
     had no children, but raised a son of a relative as their own, 
     and gave the child Francis Marion's name.
       (2) Brigadier General Marion commanded the Williamsburg 
     Militia Revolutionary force in South Carolina and was 
     instrumental in delaying the advance of British forces by 
     leading his troops in disrupting supply lines.
       (3) Brigadier General Marion's tactics, which were unheard 
     of in rules of warfare at the time, included lightning raids 
     on British convoys, after which he and his forces would 
     retreat into the swamps to avoid capture. British Lieutenant 
     Colonel Tarleton stated that ``as for this damned old swamp 
     fox, the devil himself could not catch him.'' Thus, the 
     legend of the ``Swamp Fox'' was born.
       (4) His victory at the Battle of Eutaw Springs in September 
     of 1781 was officially recognized by Congress.
       (5) Brigadier General Marion's troops are believed to be 
     the first racially integrated force fighting for the United 
     States, as his band was a mix of Whites, Blacks, both free 
     and slave, and Native Americans.
       (6) As a statesman, he represented his parish in the South 
     Carolina senate as well as his State at the Constitutional 
     Convention.
       (7) Although the Congress has authorized the establishment 
     of commemorative works on Federal lands in the District of 
     Columbia honoring such celebrated Americans as George 
     Washington, Thomas Jefferson, and Abraham Lincoln, the 
     National Capital has no comparable memorial to Brigadier 
     General Francis Marion for his bravery and leadership during 
     the Revolutionary War, without which the United States would 
     not exist.
       (8) Brigadier General Marion's legacy must live on. Since 
     1878, United States Reservation 18 has been officially 
     referred to as Marion Park. Located between 4th and 6th 
     Streets, S.E., at the intersection of E Street and South 
     Carolina Avenue, S.E., in Washington, DC, the park lacks a 
     formal commemoration to this South Carolina hero who was 
     important to the initiation of the Nation's heritage.
       (9) The time has come to correct this oversight so that 
     future generations of Americans will know and understand the 
     preeminent historical and lasting significance to the Nation 
     of Brigadier General Marion's contributions. Such a South 
     Carolina hero deserves to be given the proper recognition.
       (b) Authority to Establish Commemorative Work.--The Marion 
     Park Project, a committee of the Palmetto Conservation 
     Foundation, may establish a commemorative work on Federal 
     land in the District of Columbia and its environs to honor 
     Brigadier General Francis Marion and his service.
       (c) Compliance With Standards for Commemorative Works.--The 
     commemorative work authorized by subsection (b) shall be 
     established in accordance with chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'').
       (d) Use of Federal Funds Prohibited.--Federal funds may not 
     be used to pay any expense of the establishment of the 
     commemorative work authorized by subsection (b). The Marion 
     Park Project, a committee of the Palmetto Conservation 
     Foundation, shall be solely responsible for acceptance of 
     contributions for, and payment of the expenses of, the 
     establishment of that commemorative work.
       (e) Deposit of Excess Funds.--If, upon payment of all 
     expenses of the establishment of the commemorative work 
     authorized by subsection (b) (including the maintenance and 
     preservation amount provided for in section 8906(b) of title 
     40, United States Code), or upon expiration of the authority 
     for the commemorative work under chapter 89 of title 40, 
     United States Code, there remains a balance of funds received 
     for the establishment of that commemorative work, the Marion 
     Park Project, a committee of the Palmetto Conservation 
     Foundation, shall transmit the amount of the balance to the 
     Secretary of the Treasury for deposit in the account provided 
     for in section 8906(b)(1) of such title.
       (f) Definitions.--For the purposes of this section, the 
     terms ``commemorative work'' and ``the District of Columbia 
     and its environs'' have the meanings given to such terms in 
     section 8902(a) of title 40, United States Code.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from Utah (Mr. Bishop) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Brigadier General Francis Marion commanded the 
Williamsburg Militia Revolutionary Force in South Carolina during the 
Revolutionary War.
  He is distinguished for his innovative warfare techniques, his 
pivotal victory at Eutaw Springs in September 1781, and for his 
commanding the first racially integrated troop force. General Marion is 
perhaps even better known by the nickname given to him by an 
exasperated British commander, the Swamp Fox.
  H.R. 497, introduced by Representative Joe Wilson, would authorize a 
private entity, the Marion Park Project, to establish a commemorative 
work in Washington, D.C., to honor General Marion. The memorial is to 
be established pursuant to the Commemorative Works Act and is to be 
privately funded.
  Mr. Speaker, the House approved identical legislation in the last 
Congress, and we strongly support H.R. 497 today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume, and I rise to support H.R. 497.
  H.R. 497, introduced by Congressman Joe Wilson of South Carolina, 
would

[[Page H2137]]

authorize the Marion Park Project to establish a commemorative work on 
Federal land in the District of Columbia to honor Brigadier General 
Francis Marion.
  The work authorized by this legislation will be completed with 
private funds provided by the Marion Park Project and not by the 
Federal Government. Congressman Joe Wilson and Congressman Henry Brown 
should be commended for sending us such an outstanding bill.
  I urge my colleagues to support H.R. 497.
  Mr. Speaker, I am pleased to yield as much time as he may consume for 
this wonderful project honoring General Francis Marion, better known as 
the Swamp Fox in the Revolutionary War, to the distinguished gentleman 
from South Carolina (Mr. Brown).
  Mr. BROWN of South Carolina. I certainly thank my good friend for 
yielding.
  Mr. Speaker, H.R. 497 is an important bill for my constituents in 
South Carolina's First Congressional District. I thank my colleague and 
friend Congressman Joe Wilson for introducing this important piece of 
legislation.
  General Francis Marion is an important part of the history of South 
Carolina, and the national forest bearing his name is located within my 
congressional district.
  Francis Marion commanded the only Revolutionary force in South 
Carolina and was instrumental in delaying the advance of British forces 
by leading his troops in disrupting supply lines. General Marion's 
tactics, which were unheard of in rules of war at this time, commanded 
lightning raids on British convoys, and then he and his forces would 
retreat into the swamps to avoid capture.
  British General Tarleton stated that ``as for this damned old swamp 
fox, the devil himself could not catch him.'' Thus, the legend of the 
Swamp Fox was born. His victory at the Battle of Eutaw Springs in 
September of 1781 was officially recognized by Congress.
  H.R. 497 seeks to authorize the Marion Park Project and the committee 
of the Palmetto Conservation Foundation to establish a statue of 
General Francis Marion on Federal lands in D.C. in Marion Park at no 
Federal Government expense.
  I was proud to work with Natural Resources Chairman Nick Rahall and 
Ranking Republican Don Young to assist in the passage of this bill for 
my constituents of South Carolina's First Congressional District and 
for all of South Carolina, and I urge my colleagues to support H.R. 
497.
  Mr. GRIJALVA. Mr. Speaker, I reserve my time.
  Mr. BISHOP of Utah. Mr. Speaker, anything that deals with some place 
called Eutaw Springs in South Carolina has to be a good project. I 
yield back the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, let me thank Congressman Wilson for this 
legislation, Mr. Brown as well, Mr. Clyburn, Mr. Spratt and Mr. Barrett 
from South Carolina for introducing the bill that we have just 
finished.
  I also want to, before I yield back, thank the gentleman from Utah, 
the ranking member, for assisting in bringing the pieces of legislation 
we had today forward.
  Mr. WILSON of South Carolina. Mr. Speaker, I am pleased we are today 
considering the ``Brigadier General Francis Marion Memorial Act''. It 
is with the support of the entire South Carolina delegation that I 
reintroduced this legislation in January.
  Brigadier General Francis Marion well represented the State of South 
Carolina and our fledgling Nation with his brave service in the 
Revolutionary War. As a South Carolinian, I am proud his legacy has 
been honored with a memorial park in Washington, DC. Yet, I feel 
strongly that a statue of the ``Swamp Fox'' should be erected on its 
premises. Passage of this bill is a crucial first step in making this 
dream a reality.
  I would specifically like to thank Ken Driggers and Nancy Stone-
Collum of the Palmetto Conservation Foundation. Additionally, I would 
like to thank the South Carolina Humanities Council for supporting John 
McCabe, the historian who originally had the vision to honor the 
``Swamp Fox.'' John created the Francis Marion Park Project to assist 
with fundraising and planning once this bill is enacted. The National 
Park Service also deserves recognition for their guidance through this 
important process.
  The House of Representatives originally passed this bill in the 109th 
Congress, yet it failed to be considered by the Senate. It is my hope 
we can enact this legislation during the 110th Congress and erect a 
memorial befitting General Marion.
  Today I was presented a copy of The South Carolina Encyclopedia, 
edited by the noted historian Walter Edgar. The book is a project of 
The Humanities Council, ably led by Director Randy Akers. Presenting 
the book was Bob Hazel of West Columbia who is former Council Board 
Chair who was elected to the board of the Federation of State 
Humanities Councils. South Carolina was the site of more battles and 
skirmishes than any other province during the American Revolution.
  General Francis Marion is a significant entry in the encyclopedia 
with highlights beginning on page 591:

       Marion, Francis (1732-1792). Soldier. Marion, of Huguenot 
     descent, was born in St. John's Berkley Parish, the youngest 
     of six children born to Gabriel Marion and Esther Cordes. A 
     planter, Marion in 1773 built his home, Pond Bluff, about 
     four miles south of Eutaw Springs, a site now beneath the 
     waters of Lake Marion. He commenced his military career in 
     the parish militia in 1756 and joined the campaigns against 
     the Cherokees (1759-1761), rising to the rank of first 
     lieutenant. Having served in local offices, he was elected in 
     1775 to the First Provincial Congress. Commissioned a captain 
     in the state's Second Regiment in June, he participated in 
     the capture of Fort Johnson in September. As a major, Marion 
     distinguished himself at the Battle of Sullivan's Island 
     (June 1776), after which he was commissioned a lieutenant 
     colonel in the Continental army.
       With a militia commission as a brigadier general, Marion 
     organized a partisan force in the Pee Dee region. Between 
     August and December 1780, in an otherwise dismal period for 
     America, Marion gained national recognition for his actions 
     at the Great Savannah (August 20), Blue Savannah (September 
     4), Black Mingo (September 29), Tearcoat Swamp (October 26), 
     Georgetown (November 15), and Halfway Swamp (December 12-13). 
     While some counts place the number of ``Marion's Men'' at 
     more than two thousand, his band generally consisted of 
     considerably fewer than that and included Continentals. 
     Marion's nickname, the ``Swamp Fox,'' reportedly came from 
     the infamous British officer Banastre Tarleton, who, 
     unable to snare Marion, called him a ``damned old fox'' 
     and swore that ``the devil himself could not catch him.''
       Marion's small-scale hit-and-run tactics disrupted supply 
     lines, intercepted communications, and hampered the enemy 
     considerably. In December 1780 he established a camp on 
     Snow's Island between Pee Dee and Lynches Rivers and Clark's 
     Creek. Conditions improved by the spring of 1781, when Marion 
     became a vital part of General Nathanael Greene's combined 
     operations in South Carolina. In 1781 Marion's troops 
     participated in the battles at Fort Watson (April 23), Fort 
     Motte (May 12), Quinby Bridge (July 17), Parker's Ferry 
     (August 13) and Eutaw Springs (September 8).
       After a penniless Marion, whose plantation had been ruined, 
     was awarded a gold medal, a full Continental colonelcy, and 
     command of Fort Johnson in Charleston harbor. He served in 
     the S.C. Senate in 1783-1786, 1791, and 1792-1794 and was 
     elected to the 1790 state constitutional convention.

  I urge my colleagues to support H.R. 497.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 497.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GRIJALVA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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