IIB 

109TH CONGRESS 

2D SESSION H. R. 5057 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2006 

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

Resources 

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. 


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

3 SECTION 1. COMMEMORATIVE WORK TO HONOR BRIGA4 DIER GENERAL FRANCIS MARION AND HIS 

5 FAMILY. 

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

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

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

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

10 Francis and Mary Esther Marion had no children, 

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

12 the child Francis Marion’s name. 

13 (2) Brigadier General Marion commanded the 

14 Williamsburg Militia Revolutionary force in South 

15 Carolina and was instrumental in delaying the ad16 vance of British forces by leading his troops in dis17 rupting supply lines. 

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

19 were unheard of in rules of warfare at the time, in20 cluded lightning raids on British convoys, after 

21 which he and his forces would retreat into the 

22 swamps to avoid capture. British Lieutenant Colonel 

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

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

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


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

2 in September of 1781 was officially recognized by 

3 Congress. 

4 (5) Brigadier General Marion’s troops are be5 lieved to be the first racially integrated force fight6 ing for the United States, as his band was a mix of 

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

8 Americans. 

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

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

11 the Constitutional Convention. 

12 (7) Although the Congress has authorized the 

13 establishment of commemorative works on Federal 

14 lands in the District of Columbia honoring such cele15 brated Americans as George Washington, Thomas 

16 Jefferson, and Abraham Lincoln, the National Cap17 ital has no comparable memorial to Brigadier Gen18 eral Francis Marion for his bravery and leadership 

19 during the Revolutionary War, without which the 

20 United States would not exist. 

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

22 on. At present, and since 1878, United States Res23 ervation 18 has been officially referred to as Marion 

24 Park. Located between 4th and 6th Streets, S.E., at 

25 the intersection of E Street and South Carolina AveVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RFS H5057

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1 nue, S.E., in Washington, DC, the park lacks a for2 mal commemoration to this South Carolina hero who 

3 was important to the initiation of the Nation’s herit4 age. 

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

6 so that future generations of Americans will know 

7 and understand the preeminent historical and last8 ing significance to the Nation of Brigadier General 

9 Marion’s contributions. Such a South Carolina hero 

10 deserves to be given the proper recognition. 

11 (b) AUTHORITY TO ESTABLISH COMMEMORATIVE

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

13 Palmetto Conservation Foundation, may establish a com14 memorative work on Federal land in the District of Co15 lumbia and its environs to honor Brigadier General 

16 Francis Marion and his service. 

17 (c) COMPLIANCE WITH STANDARDS FOR COMMEMO18 RATIVE WORKS.—The commemorative work authorized by 

19 subsection (b) shall be established in accordance with 

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

21 known as the Commemorative Works Act). 

22 (d) USE OF FEDERAL FUNDS PROHIBITED.—Fed23 eral funds may not be used to pay any expense of the es24 tablishment of the commemorative work authorized by 

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


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1 the Palmetto Conservation Foundation, shall be solely re2 sponsible for acceptance of contributions for, and payment 

3 of the expenses of, the establishment of that commemora4 tive work. 

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

6 of all expenses of the establishment of the commemorative 

7 work authorized by subsection (b) (including the mainte8 nance and preservation amount provided for in section 

9 8906(b) of title 40, United States Code), or upon expira10 tion of the authority for the commemorative work under 

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

12 a balance of funds received for the establishment of that 

13 commemorative work, the Marion Park Project, a com14 mittee of the Palmetto Conservation Foundation, shall 

15 transmit the amount of the balance to the Secretary of 

16 the Treasury for deposit in the account provided for in 

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

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

19 the terms ‘‘commemorative work’’ and ‘‘the District of 


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1 Columbia and its environs’’ have the meanings given to 

2 such terms in section 8902(a) of title 40, United States 

3 Code. 

Passed the House of Representatives July 24, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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