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House Joint Resolution 38

ONE HUNDRED NINTH CONGRESS OF THE UNITED STATES OF AMERICA

At The First Session

Begun and held at the City of Washington on Tuesday, the fourth day of January, two thousand and five

JOINT RESOLUTION

Recognizing Commodore John Barry as the first flag officer of the United States Navy.

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 noy 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 commad 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 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 of 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;

Wheras 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

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 American in Congress assembled, That Commodore John Barry is recognized, and is hereby honored, as the first flag officer of the United States Navy.

J. Dennis Hastent, Speaker of the House of Representatives

Theodore F. Stevens, President of the Senate Protempore

Signed into Law on December 22nd, 2005

George W. Bush, President of the United States of America
COMMODORE JOHN BARRY ~ UNITED STATES NAVY (1745 – 1803)

John Barry was born in Ireland in 1745, went to sea while still a young boy and in 1760 adopted Philadelphia, Pennsylvania, as his permanent residence. Remaining active in the seagoing trade, he had command of the merchantman Black Prince in 1775 and assisted in her entry into the Continental service under the name Alfred. He commanded the Continental brig Lexington during the first part of 1776, capturing several British vessels. Later in the year, he received the rank of Captain in the Continental Navy and was appointed Commanding Officer of the new frigate Effingham. Though his ship was unable to get to sea, Barry used her armament and men effectively during the long campaign to defend the Philadelphia region against greatly superior British forces.

In 1778, Captain Barry commanded the frigate Raleigh. Barry's gallant conduct at the time of her loss in September 1778 ensured that he received further active employment. After a time as captain of a privateer, in 1780 he was given the frigate Alliance, in which he captured three enemy privateers and three Royal Navy warships during 1781-1783. Alliance also carried American diplomats across the Atlantic to France and performed valuable services in the Caribbean area.

Following the end of the Revolutionary War in 1783, Barry returned to the merchant service. In 1794 he was appointed the senior Captain of the newly established United States Navy and subsequently was in charge of constructing the large frigate United States. Captain Barry commanded the new ship in the West Indies during the 1798-1801 Quasi-War with France, including a period as Commodore of U.S. Navy forces in the region. He served ashore at Philadelphia for the remainder of his life. Commodore John Barry died there on 13 September 1803.

The U.S. Navy has named four destroyers in honor of John Barry, including: USS Barry (Destroyer # 2), 1902-1920; USS Barry (DD-248, later APD-29), 1920-1945; USS Barry (DD-933), 1956-Present; and USS John Barry (DDG-52), 1992-Present.

Taken from the U.S. Naval Historical Center – September 13, 2002

GRAVE OF COMMODORE JOHN BARRY
OLD SAINT MARY'S CHURCH
PHILADELPHIA
COMMODORE JOHN BARRY

On September 13, the Ancient Order of Hibernians celebrates one of the major holidays of their Order - Commodore John Barry Day. It is not a day unique to that Order, for it has been commemorated on the American national calendar more than once. There were even statues erected in his honor back in the days when Americans remembered with gratitude the contributions of this dedicated man. Today, too few remember his deeds! The American Heritage dictionary doesn't even list his name, and his statue which stands in front of Independence Hall, Philadelphia, serves as a platform for pigeons unnoticed by passers-by.

It is truly unfortunate that so few remember this remarkable and courageous man, for during his lifetime, Barry gave so much to America, and at a time when she needed it most. It has even been said that had it not been for John Barry, the American Revolution would have been lost. Dr. Benjamin Rush said in his eulogy at Barry's graveside, "He was born in Ireland, but America was the object of his devotion, and the theater of his usefulness."

Yes, Commodore John Barry was born in Ireland; in Tacumshane, Co. Wexford to be specific, in the year 1745. He grew up with a great love for the sea, and while still a young man, he emigrated to the Crown colonies in America. By 1760, he was employed in a shipbuilding firm in Philadelphia and in 1766, at the age of 21; he went to sea as Captain of the ship, Barbadoes. The young Irishman seemed destined for a prosperous career in the colonies, but his integrity and sense of justice led him to risk all in a dangerous venture.

In 1775, years of smoldering unrest erupted in open rebellion as the American colonies openly declared their independence from the Crown. As England prepared to regain control of the situation, the colonies formed the Second Continental Congress to establish a military force, and defend their recently declared independence, but experienced men were hard to find. Captain John Barry, an early champion of the patriot cause, promptly volunteered his service. With nine years experience as a sea-going Captain, and five successful commands to his credit, the young Irishman was quite warmly welcomed, and given command of a ship under the authority of the Continental Congress.,

On Dec 7, 1775, eight months after the first shots were fired at Lexington; Captain John Barry took the helm of a new 14-gun vessel aptly named, Lexington. He quickly trained a crew, and began the task of supplying and supporting Washington's ground forces.
On April 7, 1776, just four months after he had taken command, Captain Barry provided a necessary boost to the moral of the continental forces just as he would do so many times when it was needed most: he captured the British ship, Edward, and her cargo - the first American war prize.

On June 6, he was given command of the new cruiser, Effingham, and captured 2 more British ships. In spite of Barry's successes, the war was not going well for the Americans: Philadelphia was in the hands of the British; the British Navy had bottled up the Delaware River; General Benedict Arnold had betrayed West Point, and gone over to fight for the British; and Washington's troops were in dire need. A victory was essential to boost their sagging moral. Barry captured an armed British vessel when ammunition was scarce, and a supply ship when food was at a premium, then he came to Washington's aid when the leader was planning to cross the Delaware. He organized seamen and joined the land forces which crossed the river in boats supplied by Barry's friend, Patrick Colvin.

Barry was held in such high esteem that, after the Delaware crossing, and the subsequent victories at Trenton and Princeton, in which he served as an aide to Washington, Lord Howe made a flattering offer to Barry to desert the patriot cause. "Not the value or command of the whole British fleet", Barry replied, "can lure me from the cause of my country which is liberty and freedom."

On January 5, 1778, while the Delaware was occupied by the British fleet, Barry organized the famous Battle of the Kegs, in which small kegs loaded with explosives were sent floating down the river at the British ships and fired upon, exploding them and throwing the British into a panic. In addition to commanding naval operations for the Continental Congress, Barry supervised the building of their ships. In command of one of those ships in 1781, when Washington was again in need, Barry captured four important British vessels. Washington personally thanked him for the boost it provided, and sent his fearless Captain back into the fray.

During a confrontation on May 28, 1781, Barry was wounded and taken below. Subsequently, his First Officer informed him that the battle was going against them, and Barry ordered that he be carried back on deck. When the British demanded his surrender, Barry defiantly refused and sparked his crew to victory. The wounded Captain returned with yet another prize. The last sea battle of the American Revolution took place on March 10, 1783, as Barry was returning with a shipload of gold bullion from Havana, and was set upon by three British ships. The resourceful Captain engaged and destroyed one, and outdistanced the other two, returning with the precious cargo which was used to establish a National Bank for the new nation. Even after the war, this tireless seaman assisted America by transporting Virginia tobacco to Holland to repay America's war debts.

Far from the war at sea, Barry also assisted at the Federal Convention held in 1787 to adopt the new constitution. It seems that there were a minority who were opposed to the adoption and absented themselves from the convention, preventing a quorum from being formed. Barry organized a group called The Compellers,' and physically forced enough of the seceding members back to form a quorum. The vote was taken, and the constitution was finally approved.

People cheered and church bells rang as Barry scored another victory - this time over indifference. In recognition of his vast experience and dedication, Washington demonstrated Barry's immense value to the new nation when, on June 14, 1794, he sent for the popular naval hero to form and train a class of midshipmen, who would then be commissioned as Ensigns, and form the nucleus of a new American Navy. Barry himself was named the ranking officer, and granted Commission No. 1.

Commodore Barry died in Philadelphia on September 13, 1803. 195 years later, I had the tremendous honor of delivering a memorial speech at the base of his statue in Wexford harbor in which I extended the thanks of this generation of Americans for his contributions to establishing our nation. Commodore John Barry had many firsts in his remarkable career, from being the first to fly the new American flag in battle to escorting America's famous ally, General Lafayette, back to France, but the first that he should always be remembered for is his position as Father of the American Navy.

The above article was written by Mike McCormack, National A.O.H. Historian

COMMODORE JOHN BARRY

September 13th is Commodore John Barry Day in at least two States, Pennsylvania (a legal holiday) and New York (legislatively, since 1986). One of many immigrants who have defended American Liberty, Commodore John Barry was a native of the County Wexford in Ireland. Barry was born in 1745, the same year as the Irish Brigade victory at Fontenoy. As a Catholic and a nationalist in English-ruled Ireland during the dark days of the Penal Laws, there was little hope of equal opportunity, much less upward mobility or even basic civil rights for young Jack Barry. He and his family immigrated to America, settling in Philadelphia in 1760. For Jack Barry the call of the sea was irresistible. First shipping out as a cabin boy, by adulthood Jack Barry was Captain of his own ship in the American merchant marine before the beginning of the American War for Independence.

After the commencement of hostilities, Captain Jack Barry offered his services to Washington and Congress in the cause of American Liberty. Barry's victories at sea (beginning 7th April 1776) were many and important to the morale of the American people as well as to the successful prosecution of the war. On one occasion he sailed into Philadelphia with a prize ship loaded with overcoats, in time for those same coats to help Washington's army get through the cold of winter. Another mission safely delivered the gold from France, raised by popular subscription by the Roman Catholic clergy, to pay the French and American armies in the Yorktown campaign.

Perhaps his most unusual service came not at sea, but up on the Delaware River where Captain John Barry participated in General George Washington's victory at Trenton during Christmas 1776, serving actively as an artillery combatant.

Captain John Barry was assigned by Congress to command the LEXINGTON in March 1776. At the same time another great Celtic immigrant naval hero of the Revolution, John Paul Jones, native of Scotland, received his commission as an American Continental Navy Lieutenant. [After the war, Barry continued to make his home in the United States, while Jones eventually went on to become an Admiral and the premier hero of the Russian Navy (perhaps ironically, Saint Andrew's Cross is both the flag of the Russian Navy and the flag of Scotland).] Later, in command of the Continental frigate ALLIANCE, Barry fought many actions. On one occasion he encountered two Royal Navy ships, HMS ATLANTA and HMS TREPASSEY in a four-hour sea battle on 28th May 1780. After being severely wounded by grape shot, Barry was taken below for treatment, shortly after which enemy shot carried away the American ensign. The English began cheering, thinking that the Americans had struck. Barry demanded to be carried back on deck, had a new Continental ensign raised, and concluded the action, finally capturing both British ships (see Charles R. Smith. Marines in the Revolution: A History of the Continental Marines in the American Revolution, 1775 – 1783. Washington, D.C.: History and Museums Division, Headquarters, U.S. Marine Corps, 1975).

During the American War for Independence, the English attempted to get Barry, who had proved himself to be a most effective combat commander, to switch sides, offering him a full Captaincy and a command in the Royal Navy. Captain John Barry rejected 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." Captain John Barry, in command of the Continental frigate ALLIANCE, having successfully transported French gold to America to finance the War for Independence, also won the last sea battle of that war, against the HMS SYBILLE on March 10, 1783.

When the Pennsylvania Assembly could not get a quorum for the essential adoption vote, John Barry organized the "compellers", so-called because they sought out and compelled the attendance of enough delegates to assure the calling of the Convention to ratify the Constitution of the United States.

When, under the new Constitution, Congress authorized President Washington to create and operate a United States Navy, it was again to John Barry that George Washington turned, personally conferring upon him "Commission No. 1" as Captain, United States Navy. The Commission, dating from 14th June 1794, was delivered by Washington on 22nd February 1797. It was Commodore John Barry who built and commanded that first United States Navy, one of whose ships, "Old Ironsides", the USS CONSTSTUTION, is still in commission, and may be visited at the US Naval Station in Charlestown, just north of Boston, Massachusetts. John Barry served as senior officer of the United States Navy, with the title of "Commodore" (in official correspondence) under three Presidents, Washington, Adams and Jefferson.

During a visit to New York a few years ago, Sergeant Major Wally Doyle, the late Wexford town historian, spoke of the deep local affection for the US Navy in Wexford. Commodore John Barry's statue, a gift of the United States, overlooks Wexford harbor in his native Ireland. Another statue of Commodore John Barry stands in front of Independence Hall in Philadelphia, symbolically pointing the way to the future of his adopted country. Commodore John Barry is also recognized, with Cork-born General Stephen Moylan, in the Statue of Liberty museum in New York harbor as one of six foreign-born great leaders of the American War for Independence.

Numerous times have Members of Congress proposed that Commodore John Barry Day be a national observance. The Honorable Clare Gerald Fenerty of Pennsylvania, who was also a naval officer and John Barry orator, proposed this in the 1st Session of the 74th Congress. More recently, Congressmen Ben Gilman, Tom Manton, and Peter King of New York have led a movement to properly honor Commodore John Barry. The 1990 National Convention of the Ancient Order of Hibernians in America, meeting in Virginia, unanimously passed a resolution petitioning Congress to make Commodore John Barry Day, September 13, an annual national patriotic observance, like Flag Day, in order that all Americans might be better reminded of the immigrant origins of the United States and of the extraordinary contributions of immigrants to the defense of American Liberty from the earliest days to the present, from Bunker Hill to Flanders fields, to Makin Island, to the sands of Arabia. The 1992 National Convention of the Naval Reserve Association also resolved in favor of legislation making September 13th "Commodore John Barry Day". Then Naval Reserve Association National President Captain J. Robert Lunney, a published John Barry scholar, is also Past Commander of the New York Commandery of the Naval Order of the United States and current President of the Sons of the Revolution; he also holds the rank of Rear Admiral, serving as Judge Advocate General, New York Naval Militia. Numerous others have made this request, including the Naval Militia Association and the Irish Brigade Association. There is ample precedent in recent years for official United States recognition of Commodore John Barry. Commodore John Barry commemorative postage stamps have been issued by the United States, and once by Ireland. President Ronald Reagan proclaimed September 13, 1982 as "Commodore John Barry Day," and President George Bush similarly proclaimed September 13th as "Commodore John Barry Day" in 1991 and 1992 pursuant to Resolutions of Congress, introduced by Congressman Ben Gilman and co-sponsored by Congressmen Tom Manton, Peter King, Mike McNulty, and others.

Commodore John Barry is not just an Irish hero, although Barry was Irish-born; nor is Commodore John Barry just a Catholic hero, although Barry lived and died a devout Catholic; nor is Commodore John Barry just a naval hero, although William Bell Clark (Gallant John Barry. New York: Macmillan, 1938), Msgr. Leo Gregory Fink (Barry or Jones?) and Bob Lunney have made a most persuasive case for Commodore John Barry as the father of the US Navy. Commodore John Barry is a hero for all Americans ... for all America, since Barry's life exemplified the patriotic virtues to which Washington attached so much importance, to bring the blessings of Liberty to the present and to future generations of Americans.

To enshrine Commodore John Barry's place in the Public Law of the United States would assure the perpetuation of the recognition due to the man, to the naval service and to our immigrant origins. Such a measure will also merit the appreciation of Irish people throughout the world. Former Congressman the late Hamilton Fish, Jr., one of whose ancestors stood with Washington as the British surrendered at Yorktown, often pointed out that we owe a great debt for our Independence not only to the French, but to the Irish, both to those in the Irish Brigades of Spain and France who fought in North America and on the high seas, and, even more to those many who fought in the Continental forces. This is a matter of education and of justice. Honor demands that justice be done to the memory of Commodore John Barry, and, integrity demands that the people be educated as to the major significance of the role of such immigrants in the defense of American Liberty. For this purpose, the Ancient Order of Hibernians in America (led by Bridget and Mike Kearney) and the Irish Brigade Association observe Commodore John Barry Day, and commemorate his memory, most notably with ceremonies at the Maritime Industry Museum on the campus of the State University of New York Maritime College at Fort Schuyler every year.

The USS BARRY (DD-933) is the centerpiece of the naval museum at the Washington Navy Yard, and the new USS JOHN BARRY (DDG-52) carries the name of Commodore John Barry on the high seas today.

The movement for a national Commodore John Barry Day has been superceded by a movement, begun by Congressmen Tom Manton and Peter King in 1995, at the request of the Ancient Order of Hibernians in America, of the Sons of the Revolution, the Naval Reserve Association, the Irish Brigade Association and others, to have Commodore John Barry officially recognized as the first Commodore flag officer of the United States Navy. Congress set the precedent for this a few years ago with the recognition of George Washington, who had resumed his military rank upon his retirement from the Presidency, as the senior general officer of the United States Army, for all time. The recognition of John Barry as the first Commodore flag officer of the United States Navy, would merely make explicit in the public law of the United States what is already implicit in the historical record, and is necessary only because Congress had not yet formally created the one-star Commodore grade by the time of Barry’s death, 13th September 1803.

It was the ships built by Barry, and the officers recruited and developed by him, that constituted the United States Navy that would perform so magnificently in the wars with the Barbary Pirates and in America’s Second War for Independence. Commodore John Barry lies in Saint Mary’s Churchyard in his adopted hometown, Philadelphia.

The United States House of Representatives has recognized Commodore John Barry as the first flag officer of the US Navy, in House Joint Resolution 6, crafted with the assistance of the Naval Historical Center, and staffed through the House Armed Services Committee, after introduction by Congressman Peter King, passed the House on the 7th of October 2002. What is needed now is action by the entire Congress, to formally recognize Commodore John Barry as the first flag officer of the United States Navy.

All Hibernians should contact their United States Senators, and their Member of Congress, and impress upon them the importance of the recognition by Congress, before 13th September 2003, of Commodore John Barry as the first flag officer of the US Navy.

The above article was written by Liam Murphy, former Editor of the National Hibernian Digest