II 

Calendar No. 233 

110TH CONGRESS 

1ST SESSION H. R. 497 

[Report No. 110–103] 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2007 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 26, 2007 

Reported by Mr. BINGAMAN, without amendment 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brigadier General 

5 Francis Marion Memorial Act of 2007’’. 


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1 SEC. 2. COMMEMORATIVE WORK TO HONOR BRIGADIER 

2 GENERAL FRANCIS MARION AND HIS FAMILY. 

3 (a) FINDINGS.—The Congress finds that: 

4 (1) Francis Marion was born in 1732 in St. 

5 John’s Parish, Berkeley County, South Carolina. He 

6 married Mary Esther Videau on April 20th, 1786. 

7 Francis and Mary Esther Marion had no children, 

8 but raised a son of a relative as their own, and gave 

9 the child Francis Marion’s name. 

10 (2) Brigadier General Marion commanded the 

11 Williamsburg Militia Revolutionary force in South 

12 Carolina and was instrumental in delaying the ad13 vance of British forces by leading his troops in dis14 rupting supply lines. 

15 (3) Brigadier General Marion’s tactics, which 

16 were unheard of in rules of warfare at the time, in17 cluded lightning raids on British convoys, after 

18 which he and his forces would retreat into the 

19 swamps to avoid capture. British Lieutenant Colonel 

20 Tarleton stated that ‘‘as for this damned old swamp 

21 fox, the devil himself could not catch him’’. Thus, 

22 the legend of the ‘‘Swamp Fox’’ was born. 

23 (4) His victory at the Battle of Eutaw Springs 

24 in September of 1781 was officially recognized by 

25 Congress. 


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1 (5) Brigadier General Marion’s troops are be2 lieved to be the first racially integrated force fight3 ing for the United States, as his band was a mix of 

4 Whites, Blacks, both free and slave, and Native 

5 Americans. 

6 (6) As a statesman, he represented his parish 

7 in the South Carolina senate as well as his State at 

8 the Constitutional Convention. 

9 (7) Although the Congress has authorized the 

10 establishment of commemorative works on Federal 

11 lands in the District of Columbia honoring such cele12 brated Americans as George Washington, Thomas 

13 Jefferson, and Abraham Lincoln, the National Cap14 ital has no comparable memorial to Brigadier Gen15 eral Francis Marion for his bravery and leadership 

16 during the Revolutionary War, without which the 

17 United States would not exist. 

18 (8) Brigadier General Marion’s legacy must live 

19 on. Since 1878, United States Reservation 18 has 

20 been officially referred to as Marion Park. Located 

21 between 4th and 6th Streets, S.E., at the intersec22 tion of E Street and South Carolina Avenue, S.E., 

23 in Washington, DC, the park lacks a formal com24 memoration to this South Carolina hero who was im25 portant to the initiation of the Nation’s heritage. 


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1 (9) The time has come to correct this oversight 

2 so that future generations of Americans will know 

3 and understand the preeminent historical and last4 ing significance to the Nation of Brigadier General 

5 Marion’s contributions. Such a South Carolina hero 

6 deserves to be given the proper recognition. 

7 (b) AUTHORITY TO ESTABLISH COMMEMORATIVE

8 WORK.—The Marion Park Project, a committee of the 

9 Palmetto Conservation Foundation, may establish a com10 memorative work on Federal land in the District of Co11 lumbia and its environs to honor Brigadier General 

12 Francis Marion and his service. 

13 (c) COMPLIANCE WITH STANDARDS FOR COMMEMO14 RATIVE WORKS.—The commemorative work authorized by 

15 subsection (b) shall be established in accordance with 

16 chapter 89 of title 40, United States Code (commonly 

17 known as the ‘‘Commemorative Works Act’’). 

18 (d) USE OF FEDERAL FUNDS PROHIBITED.—Fed19 eral funds may not be used to pay any expense of the es20 tablishment of the commemorative work authorized by 

21 subsection (b). The Marion Park Project, a committee of 

22 the Palmetto Conservation Foundation, shall be solely re23 sponsible for acceptance of contributions for, and payment 

24 of the expenses of, the establishment of that commemora25 tive work. 


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1 (e) DEPOSIT OF EXCESS FUNDS.—If, upon payment 

2 of all expenses of the establishment of the commemorative 

3 work authorized by subsection (b) (including the mainte4 nance and preservation amount provided for in section 

5 8906(b) of title 40, United States Code), or upon expira6 tion of the authority for the commemorative work under 

7 chapter 89 of title 40, United States Code, there remains 

8 a balance of funds received for the establishment of that 

9 commemorative work, the Marion Park Project, a com10 mittee of the Palmetto Conservation Foundation, shall 

11 transmit the amount of the balance to the Secretary of 

12 the Treasury for deposit in the account provided for in 

13 section 8906(b)(1) of such title. 

14 (f) DEFINITIONS.—For the purposes of this section, 

15 the terms ‘‘commemorative work’’ and ‘‘the District of Co16 lumbia and its environs’’ have the meanings given to such 

17 terms in section 8902(a) of title 40, United States Code. 


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Calendar No. 233 

110TH CONGRESS 

1ST SESSION H. R. 497 

[Report No. 110

–103] 

AN ACT 

To authorize the Marion Park Project, a committee 

honor Brigadier General Francis Marion. the District of Columbia, and its environs to tablish a commemorative work on Federal land in of the Palmetto Conservation Foundation, to esJUNE 26, 2007 

Reported without amendment 


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