Recognizing Commodore John Barry as the first flag officer of the United States Navy.
PL 109-142 (H.J.Res.38), enacted 12/22/2005

119 STAT. 2657
PUBLIC LAW 109–142—DEC. 22, 2005
Public Law 109–142
109th Congress
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 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 Constitu-
tion 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 correspond-
ence), 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 Com-
modore, with the right to fly a broad pendant, which made him
a flag officer; and
Dec. 22, 2005
[H.J. Res. 38]
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119 STAT. 2658
PUBLIC LAW 109–142—DEC. 22, 2005
LEGISLATIVE HISTORY—H.J. Res. 38:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Dec. 14, considered and passed House.
Dec. 16, considered and passed Senate.
Whereas in this sense it can be said that Commodore John Barry
was the first flag officer of the United States Navy: Now, there-
fore, 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.
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