PRINTER'S NO. 1181
No. 1071 Session of 1987
INTRODUCED BY DOMBROWSKI, CAPPABIANCA, BOYES, MERRY AND BOWSER, APRIL 8, 1987
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 8, 1987
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. 19 (2) The commission holds in trust the U.S. Brig Niagara
1 at Erie, Pennsylvania. One of only three existing early 19th 2 century fighting ships of the United States Navy, the Niagara 3 is the only remaining ship of its type from the War of 1812. 4 (3) The U.S. Brig Niagara serves today as a memorial to 5 the Americans who built and sailed a squadron of warships so 6 that the United States would remain free of foreign 7 domination. On September 10, 1813, this American squadron of 8 nine small ships, six of them constructed in the settlement 9 of Erie, defeated a six-ship British squadron in the Battle 10 of Lake Erie. This victory in the War of 1812 removed the 11 British threat to the Northwest Territory, opened supply 12 lines and raised morale throughout an apprehensive and 13 divided nation. 14 (4) The U.S. Brig Niagara is significant because of its 15 service during this engagement as Commodore Oliver Hazard 16 Perry's relief flagship after his original flagship Lawrence 17 had been disabled. Flying Perry's famous "Don't Give Up The 18 Ship" battle flag, the Niagara was brought quickly into the 19 line of battle, forcing the surrender of the British 20 squadron. This event, marking the only time in history that 21 an entire British naval squadron was captured, was reported 22 by Perry in his letter which began with the now-famous 23 phrase, "We have met the enemy and they are ours..." 24 (5) The U.S. Brig Niagara is further significant as 25 being one of six ships constructed at Erie, built largely of 26 native Pennsylvania materials and sailed by Americans from 27 various regions of what was the United States in 1813. 28 (6) After the War of 1812, the U.S. Brig Niagara 29 remained in Erie as a station ship until 1820 when she was 30 scuttled in Misery Bay to preserve her for possible future 19870H1071B1181 - 2 -
1 use. Her remains were raised in 1913 by a group of Erie 2 citizens and rebuilt for a grand tour of the Great Lakes 3 ports to celebrate the centennial of the Battle of Lake Erie. 4 Since then, the Niagara has remained in Erie and, twice 5 restored, has become a major tourist attraction in 6 northwestern Pennsylvania. 7 (7) In the near future, the commission will begin a 8 third restoration which will again return the U.S. Brig 9 Niagara to the waters of the Great Lakes. 10 Section 3. Establishment of official Flagship of Pennsylvania. 11 The restored U.S. Brig Niagara is hereby designated the 12 official flagship for the Commonwealth of Pennsylvania and shall 13 be known as the Flagship of Pennsylvania. 14 Section 4. Powers and duties of commission. 15 The Pennsylvania Historical and Museum Commission shall have 16 the following powers and duties: 17 (1) To cooperate with the Department of Military 18 Affairs, the Unites States Navy and other appropriate 19 organizations in commemorating significant events of our 20 naval and maritime heritage. 21 (2) To sail the U.S. Brig Niagara, within the means at 22 its command, to various ports of call and commemorative 23 events as the official sailing ambassador for Pennsylvania. 24 (3) To charge whatever fees are necessary and to 25 encourage private financial support as appropriate in order 26 to support the U.S. Brig Niagara and its sailing program. 27 Section 5. Cooperation with commission. 28 All Commonwealth agencies and public officials shall 29 cooperate fully with the Pennsylvania Historical and Museum 30 Commission in support of its naval and maritime history program 19870H1071B1181 - 3 -
1 and, to that end, shall: 2 (1) Include the commission in any planning efforts for 3 the commemoration of significant events of our naval and 4 maritime history. 5 (2) Develop plans with the commission which will utilize 6 the U.S. Brig Niagara as the official flagship for the 7 Commonwealth of Pennsylvania. 8 Section 6. Effective date. 9 This act shall take effect immediately. D2L37RDG/19870H1071B1181 - 4 -