II 

109TH CONGRESS 

2D SESSION S. 2822 

To authorize the Marion Park Project and 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. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2006 

Mr. GRAHAM introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To authorize the Marion Park Project and 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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) Brigadier General Francis Marion— 

2 (A) was born in 1732 in St. John’s Parish, 

3 Berkeley County, South Carolina; and 

4 (B) married Mary Esther Videau on April 

5 20, 1786; 

6 (2) the Marions had no children, but raised as 

7 their own child a son of a relative, who was given 

8 Francis Marion’s name; 

9 (3) Marion commanded the Williamsburg Mili10 tia Revolutionary Force in South Carolina and was 

11 instrumental in delaying the advance of British 

12 forces by leading his troops in disrupting supply 

13 lines; 

14 (4) Marion’s tactics, which were unheard of in 

15 rules of warfare at the time, included lightning raids 

16 on British convoys, after which Marion and his 

17 forces would retreat into the swamps to avoid cap18 ture; 

19 (5) the legend of ‘‘Swamp Fox’’ was born when 

20 British Lieutenant Colonel Tarleton stated, in ref21 erence to Marion, that ‘‘as for this damned old 

22 swamp fox, the devil himself could not catch him’’; 

23 (6) Marion’s victory at the Battle of Eutaw 

24 Springs in September of 1781 was officially recog25 nized by Congress; 


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1 (7) Marion’s troops, which were composed of 

2 whites, blacks, both free and slave, and Native 

3 Americans, are believed to be the first racially inte4 grated force fighting for the United States; 

5 (8) as a statesman, Marion represented his par6 ish in the South Carolina senate and the State of 

7 South Carolina at the Constitutional Convention; 

8 (9) although Congress has authorized the estab9 lishment of commemorative works on Federal land 

10 in the District of Columbia honoring such celebrated 

11 Americans as George Washington, Thomas Jeffer12 son, and Abraham Lincoln, there is no comparable 

13 memorial to Brigadier General Francis Marion com14 memorating Marion’s bravery and leadership during 

15 the Revolutionary War, without which the United 

16 States would not exist; 

17 (10) Brigadier General Marion’s legacy must 

18 live on; 

19 (11) since 1878, United States Reservation 18 

20 has been officially referred to as Marion Park; 

21 (12) located between 4th and 6th Streets, S.E., 

22 at the intersection of E Street and South Carolina 

23 Avenue, S.E., in Washington, DC, Marion Park 

24 lacks a formal commemoration to this South CaroVerDate Aug 31 2005 22:25 May 22, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2822.IS S2822

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1 lina hero who was important to the initiation of the 

2 heritage of the United States; 

3 (13) the time has come to correct this oversight 

4 so that future generations of Americans will know 

5 and understand the preeminent historical and last6 ing significance to the Nation of Marion’s contribu7 tions; and 

8 (14) Marion, a South Carolina hero, deserves to 

9 be given proper recognition. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) COMMEMORATIVE WORK.—The term ‘‘com13 memorative work’’ has the meaning given the term 

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

15 (2) COMMITTEE.—The term ‘‘Committee’’ 

16 means the Committee of the Palmetto Conservation 

17 Foundation. 

18 (3) THE DISTRICT OF COLUMBIA AND ITS ENVI19 RONS.—The term ‘‘the District of Columbia and its 

20 environs’’ has the meaning given the term in section 

21 8902(a) of title 40, United States Code. 

22 (4) PROJECT.—The term ‘‘Project’’ means the 

23 Marion Park Project. 


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1 SEC. 4. COMMEMORATIVE WORK TO HONOR BRIGADIER 

2 GENERAL FRANCIS MARION AND HIS FAMILY. 

3 (a) AUTHORITY TO ESTABLISH COMMEMORATIVE

4 WORK.—The Project and Committee may jointly establish 

5 a commemorative work on Federal land in the District of 

6 Columbia and its environs to honor the service of Briga7 dier General Francis Marion to the United States. 

8 (b) COMPLIANCE WITH STANDARDS FOR COMMEMO9 RATIVE WORKS.—The commemorative work authorized 

10 under subsection (a) shall be established in accordance 

11 with chapter 89 of title 40, United States Code. 

12 (c) FUNDS FOR COMMEMORATIVE WORK.— 

13 (1) IN GENERAL.—The Project and Committee 

14 shall be solely responsible for acceptance of contribu15 tions for, and payment of the expenses of, the estab16 lishment of the commemorative work authorized 

17 under subsection (a). 

18 (2) USE OF FEDERAL FUNDS PROHIBITED.—No 

19 Federal funds shall be used to pay any expense of 

20 the establishment of the commemorative work au21 thorized under subsection (a). 

22 (3) DEPOSIT OF EXCESS FUNDS.—The Project 

23 and the Committee shall transmit to the Secretary 

24 of the Treasury for deposit in the account provided 

25 for in section 8906(b)(1) of title 40, United States 

26 Code— 


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1 (A) any funds that remain for the com2 memorative work authorized under subsection 

3 (a) after payment of all expenses incurred in 

4 the establishment of the commemorative work 

5 (including payment of the amount for mainte6 nance and preservation required under section 

7 8906(b) of that title); or 

8 (B) any funds that remain for the com9 memorative work authorized under subsection 

10 (a) on expiration of the authority for the com11 memorative work under section 8903(e) of that 

12 title. 

Æ 


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