PRIOR PRINTER'S NO. 1181 PRINTER'S NO. 2783
No. 1071 Session of 1987
INTRODUCED BY DOMBROWSKI, CAPPABIANCA, BOYES, MERRY AND BOWSER, APRIL 7, 1987
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 2, 1988
AN ACT 1 Imposing powers and duties on the Pennsylvania Historical and 2 Museum Commission with respect to the observance of naval and 3 maritime history celebrations; establishing an official 4 flagship for the Commonwealth; and providing for interagency 5 cooperation. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Flagship of 10 Pennsylvania Act. 11 Section 2. Findings and declaration of policy. 12 It is hereby determined and declared as a matter of 13 legislative finding and policy that: 14 (1) Section 2801-A of the act of April 9, 1929 (P.L.177, 15 No.175), known as The Administrative Code of 1929, designates 16 the Pennsylvania Historical and Museum Commission as the 17 official agency of the Commonwealth for the conservation of 18 Pennsylvania's historic heritage.
1 (2) The commission holds in trust the U.S. Brig Niagara <-- 2 UNITED STATES BRIG NIAGARA at Erie, Pennsylvania. One of only <-- 3 three existing early 19th century fighting ships of the 4 United States Navy, the Niagara UNITED STATES BRIG NIAGARA is <-- 5 the only remaining ship of its type from the War of 1812. 6 (3) The U.S. Brig Niagara UNITED STATES BRIG NIAGARA <-- 7 serves today as a memorial to the Americans who built and 8 sailed a squadron of warships so that the United States would 9 remain free of foreign domination. On September 10, 1813, 10 this American squadron of nine small ships, six of them 11 constructed in the settlement of Erie, defeated a six-ship 12 British squadron in the Battle of Lake Erie. This victory in 13 the War of 1812 removed the British threat to the Northwest 14 Territory, opened supply lines and raised morale throughout 15 an apprehensive and divided nation. 16 (4) The U.S. Brig Niagara UNITED STATES BRIG NIAGARA is <-- 17 significant because of its service during this engagement as 18 Commodore Oliver Hazard Perry's relief flagship after his 19 original flagship Lawrence LAWRENCE had been disabled. Flying <-- 20 Perry's famous "Don't Give Up The Ship" battle flag, the 21 Niagara UNITED STATES BRIG NIAGARA was brought quickly into <-- 22 the line of battle, forcing the surrender of the British 23 squadron. This event, marking the only time in history that 24 an entire British naval squadron was captured, was reported 25 by Perry in his letter which began with the now-famous 26 phrase, "We have met the enemy and they are ours..." 27 (5) The U.S. Brig Niagara UNITED STATES BRIG NIAGARA is <-- 28 further significant as being one of six ships constructed at 29 Erie, built largely of native Pennsylvania materials and 30 sailed by Americans from various regions of what was the 19870H1071B2783 - 2 -
1 United States in 1813. 2 (6) After the War of 1812, the U.S. Brig Niagara UNITED <-- 3 STATES BRIG NIAGARA remained in Erie as a station ship until 4 1820 when she was scuttled in Misery Bay to preserve her for 5 possible future use. Her remains were raised in 1913 by a 6 group of Erie citizens and rebuilt for a grand tour of the 7 Great Lakes ports to celebrate the centennial of the Battle 8 of Lake Erie. Since then, the Niagara has remained in Erie 9 and, twice restored REFITTED, has become a major tourist <-- 10 attraction in northwestern Pennsylvania. 11 (7) In the near future 1988, the commission will begin a <-- 12 third restoration which will again return the U.S. Brig <-- 13 Niagara UNITED STATES BRIG NIAGARA to the waters of the Great <-- 14 Lakes. 15 Section 3. Establishment of official Flagship of Pennsylvania. 16 The restored U.S. Brig Niagara UNITED STATES BRIG NIAGARA is <-- 17 hereby designated the official flagship for the Commonwealth of 18 Pennsylvania. and IT shall be known as the Flagship of <-- 19 Pennsylvania AND ITS HOME PORT WILL BE ERIE, PENNSYLVANIA. <-- 20 Section 4. Powers and duties of commission. 21 The Pennsylvania Historical and Museum Commission shall have 22 the following powers and duties: 23 (1) To cooperate with the Department of Military 24 Affairs, the Unites States Navy and other appropriate 25 organizations in commemorating significant events of our 26 naval and maritime heritage. 27 (2) To sail the U.S. Brig Niagara UNITED STATES BRIG <-- 28 NIAGARA, within the means at its command, to various ports of 29 call and commemorative events as the official sailing 30 ambassador for Pennsylvania. 19870H1071B2783 - 3 -
1 (3) To charge whatever fees are necessary and to TO <-- 2 MAINTAIN THE VESSEL AND TO encourage private financial 3 support as appropriate in order to support the U.S. Brig <-- 4 Niagara UNITED STATES BRIG NIAGARA and its sailing program. <-- 5 Section 5. Cooperation with commission. 6 All Commonwealth agencies and public officials shall 7 cooperate fully with the Pennsylvania Historical and Museum 8 Commission in support of its naval and maritime history program 9 and, to that end, shall: 10 (1) Include the commission in any planning efforts for 11 the commemoration of significant events of our naval and 12 maritime history. 13 (2) Develop plans with the commission which will utilize 14 the U.S. Brig Niagara UNITED STATES BRIG NIAGARA as the <-- 15 official flagship for the Commonwealth of Pennsylvania. 16 Section 6. Effective date. 17 This act shall take effect immediately. D2L37RDG/19870H1071B2783 - 4 -