[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 2657

Public Law 109-142
109th Congress

Joint Resolution


 
Recognizing Commodore John Barry as the first flag officer of the United
States Navy.  NOTE: Dec. 22, 2005 -  [H.J. Res. 38]

Whereas John Barry, American merchant marine captain and native of
County Wexford, Ireland, volunteered his services to the Continental
Navy during the American War for Independence and was assigned by
the Continental Congress as captain of the Lexington, taking command
of that vessel on March 14, 1776, and later participating in the
victorious Trenton campaign;

Whereas the quality and effectiveness of Captain John Barry's service to
the American war effort was recognized not only by George Washington
but also by the enemies of the new Nation;

Whereas Captain John Barry rejected British General Lord Howe's
flattering offer to desert Washington and the patriot cause,
stating: ``Not the value and command of the whole British fleet can
lure me from the cause of my country.'';

Whereas Captain John Barry, while in command of the frigate Alliance,
successfully transported French gold to America to help finance the
American War for Independence and also won numerous victories at
sea;

Whereas when the First Congress, acting under the new Constitution of
the United States, authorized the raising and construction of the
United States Navy, it was to Captain John Barry that President
George Washington turned to build and lead the new Nation's infant
Navy, the successor to the Continental Navy of the War for
Independence;

Whereas Captain John Barry supervised the building of his flagship, the
U.S.S. United States;

Whereas on February 22, 1797, President Washington personally conferred
upon Captain John Barry, by and with the advice and consent of the
Senate, the rank of Captain, with ``Commission No. 1'', United
States Navy, dated June 7, 1794;

Whereas John Barry served as the senior officer of the United States
Navy, with the title of ``Commodore'' (in official correspondence),
under Presidents Washington, John Adams, and Jefferson;

Whereas as commander of the first United States naval squadron under the
Constitution of the United States, which included the U.S.S.
Constitution (``Old Ironsides''), John Barry was a Commodore, with
the right to fly a broad pendant, which made him a flag officer; and


[[Page 2658]]
119 STAT. 2658


Whereas in this sense it can be said that Commodore John Barry was the
first flag officer of the United States Navy: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Commodore John Barry is
recognized, and is hereby honored, as the first flag officer of the
United States Navy.

Approved December 22, 2005.

LEGISLATIVE HISTORY--H.J. Res. 38:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Dec. 14, considered and passed House.
Dec. 16, considered and passed Senate.