Delaware Constitution of 1776
Encyclopedia
The Delaware Constitution of 1776 was the first governing document for Delaware
state government and was in effect from its adoption in September 1776 until replaced in 1792 by a new Constitution.
the General Assembly
"suspended government under the Crown", effectively ending the Proprietary government in the Lower Counties
, as Delaware was then known. After the passage of the United States Declaration of Independence
, the General Assembly
met in July 1776 and enacted legislation calling for the August 1776 election of a State Constitutional Convention. There were to be ten members from each County.
The convention met in New Castle
, Delaware
on August 27, 1776. George Read
was elected its President and Thomas McKean
was a major contributor to the content of the finished product. The writing was quickly finished and put into effect upon its adoption September 20, 1776 by the convention, less than a month later. It was never submitted for popular approval and was the first state constitution written by a convention elected for that purpose subsequent to the Declaration of Independence
.
The members of the convention were generally moderates or conservatives who sought to keep the government as close to the existing one as possible. The major change was the replacement of the Proprietary Governor with an Executive Privy Council, chaired by a President. A second house of the Legislature was created as well. Both measures were meant to restrict the perceived arbitrary exercise of executive authority.
The first independent General Assembly
was elected and convened in October of 1776, and elected the Privy Council and its President
in January 1777.
, Kent
and Sussex
upon Delaware, and its more common informal abbreviation, the Lower Counties of Delaware
.
and was to meet at least once every year. Only freeholders were eligible for election.
The upper house of the General Assembly
was called The Legislative Council
, and consisted of nine persons, three persons from each county, popularly elected every third year by the freeholders of the county. They served for a term of three years, except that two of the first persons chosen from each county were chosen for shorter terms to establish the cycle. As a result the was to be one term expiring each year in each county.
The lower house of the General Assembly
was called the House of Assembly
, and consisted of twenty-one persons, seven persons from each county, popularly elected each year by the freeholders of the county. They served for a term of one year.
Each House was given rights to organize itself by choosing its Speaker
and officers, judging qualifications and elections of its members, establishing its own procedures and rules for filling vacancies. Anticipating what was to come in the U.S. Constitution of 1787, all money bills were to originate only in the House of Assembly
.
Delegates to the Congress of the Confederation
were chosen annually by joint ballot of both Houses of the General Assembly
, meaning a majority of thirty persons would win the election.
or Chief Magistrate. The President
was chosen by joint ballot of both Houses of the General Assembly
. In the event of a tie, The Legislative Council
would have an additional vote and break the tie. The President
was to have a term of three years and no longer, and was to be eligible for reelection only after three more years had passed from when he was last in office.
The President
was to be paid and had authority, with the concurrence of the Privy Council, to lay embargoes, grant pardons in certain circumstances, and exercise other unspecified executive powers of government. He was also Commander in Chief of the armed forces of the state and had the authority to call the General Assembly
into session, but could not prorogue, adjourn or dissolve it. In the event of a vacancy, the Speaker of the House of Assembly
was to assume the powers of the President
until the General Assembly
could select a new person.
A four member Privy Council shared the executive authority with the President
. The President
always acted with their advice and consent. The Privy Council was elected by the General Assembly
, two members from The Legislative Council
, and two members from the House of Assembly
. Officers of the Continental Army
were ineligible for election and should a member of the General Assembly
be elected to the Privy Council, they were required to give up their seat in the legislature. Each year each House of the General Assembly
filled vacancies, replacing at least one of the Privy Counsellors they had selected. A Privy Counsellor was to serve no more than three years at a time, and was to be eligible for reelection only after three more years had passed from when he was last in office.
and General Assembly
, by joint ballot elected the judges listed below. They were to hold no other office, except the militia, be paid, and allowed to serve "during good behavior." In the event of a deadlock in the selection vote, the President was to have an additional vote.
The House of Assembly
nominated twenty-four persons from each county as Justice of the Peace
, with the President
and Privy Council appointing twelve of these for a term of seven years. The members of The Legislative Council
and Privy Council were also Justices of the Peace for the whole state. The Justices of the Courts of Common Pleas were Conservators of the Peace in their respective counties.
The Clerk of the Supreme Court were appointed by the Chief Justice of the Supreme Court and the three county Recorder of Deeds were appointed by the Justices of the Courts of Common Pleas, all for a term of five years.
A Court of Appeals served as a final appeal from decisions of the Supreme Court. It consisted of the President and three persons appointed by The Legislative Council
and three persons appointed by the House of Assembly. The Secretary of State was clerk of this Court.
and Privy Council appointed the officers listed below for a term of five years:
A Sheriff
and Coroner
were selected annually for each county by the President
and Privy Council. The Sheriff
was not permitted to serve more than three years without spending three years out of office.
The President
and Privy Council appointed persons to fill vacancies in all these offices until a new election could be held.
Provision was made for the impeachment and prosecution of the President
and other officials by the House of Assembly
before The Legislative Council
.
All officials were required to take an oath of allegiance to Delaware
and declare their faith in God
, Jesus Christ, the Holy Ghost, and acknowledge the Holy Bible to be given by divine inspiration.
Provision was made for the continuance of the English Common Law.
Provision was made to prohibit the entry of anyone from Africa
or elsewhere for the purpose of holding them in slavery
.
The establishment of any religion was prohibited and no active clergymen of any denomination were allowed to hold any office, including membership in the General Assembly
.
The Constitution could be amended only by five/sevenths of the House of Assembly
and seven Members of The Legislative Council
.
were to be elected. The General Assembly
was to meet October 28, 1776 and continue in office until October 1, 1777. Subsequent elections were to take place annually on the first of October, with the General General Assembly
meeting the twentieth of October.
No armed persons or militia
were allowed within one mile of polling places within a day of elections.
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
state government and was in effect from its adoption in September 1776 until replaced in 1792 by a new Constitution.
Background
On June 15, 1776, at the urging of Patriot leader Thomas McKeanThomas McKean
Thomas McKean was an American lawyer and politician from New Castle, in New Castle County, Delaware and Philadelphia, Pennsylvania. During the American Revolution he was a delegate to the Continental Congress where he signed the United States Declaration of Independence and the Articles of...
the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
"suspended government under the Crown", effectively ending the Proprietary government in the Lower Counties
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
, as Delaware was then known. After the passage of the United States Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...
, the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
met in July 1776 and enacted legislation calling for the August 1776 election of a State Constitutional Convention. There were to be ten members from each County.
The convention met in New Castle
New Castle, Delaware
New Castle is a city in New Castle County, Delaware, six miles south of Wilmington, situated on the Delaware River. In 1900, 3,380 people lived here; in 1910, 3,351...
, Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
on August 27, 1776. George Read
George Read (signer)
George Read was an American lawyer and politician from New Castle in New Castle County, Delaware. He was a signer of the Declaration of Independence, a Continental Congressman from Delaware, a delegate to the U.S. Constitutional Convention of 1787, President of Delaware, and a member of the...
was elected its President and Thomas McKean
Thomas McKean
Thomas McKean was an American lawyer and politician from New Castle, in New Castle County, Delaware and Philadelphia, Pennsylvania. During the American Revolution he was a delegate to the Continental Congress where he signed the United States Declaration of Independence and the Articles of...
was a major contributor to the content of the finished product. The writing was quickly finished and put into effect upon its adoption September 20, 1776 by the convention, less than a month later. It was never submitted for popular approval and was the first state constitution written by a convention elected for that purpose subsequent to the Declaration of Independence
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
.
The members of the convention were generally moderates or conservatives who sought to keep the government as close to the existing one as possible. The major change was the replacement of the Proprietary Governor with an Executive Privy Council, chaired by a President. A second house of the Legislature was created as well. Both measures were meant to restrict the perceived arbitrary exercise of executive authority.
The first independent General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
was elected and convened in October of 1776, and elected the Privy Council and its President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
in January 1777.
Name
The name was to be The Delaware State. It replaced the old awkward, The Counties of New CastleNew Castle County, Delaware
New Castle County is the northernmost of the three counties of the U.S. state of Delaware. As of 2010 its population was 538,479, an increase of 7.6% over the previous decade. The county seat is Wilmington. The center of population of Delaware is located in New Castle County, in the town of...
, Kent
Kent County, Delaware
Kent County is a county located in the central part of the U.S. state of Delaware. It is coextensive with the Dover, Delaware, Metropolitan Statistical Area. As of 2010 the population was 162,310, a 28.1% increase over the previous decade. The county seat is Dover, the state capital...
and Sussex
Sussex County, Delaware
Sussex County is a county located in the southern part of the U.S. state of Delaware. As of 2010 the population was 197,145, an increase of 25.9% over the previous decade. The county seat is Georgetown. The Seaford Micropolitan Statistical Area includes all of Sussex County.Sussex County is...
upon Delaware, and its more common informal abbreviation, the Lower Counties of Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
.
Legislature
The Legislature was called the General Assembly of DelawareDelaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
and was to meet at least once every year. Only freeholders were eligible for election.
The upper house of the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
was called The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
, and consisted of nine persons, three persons from each county, popularly elected every third year by the freeholders of the county. They served for a term of three years, except that two of the first persons chosen from each county were chosen for shorter terms to establish the cycle. As a result the was to be one term expiring each year in each county.
The lower house of the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
was called the House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
, and consisted of twenty-one persons, seven persons from each county, popularly elected each year by the freeholders of the county. They served for a term of one year.
Each House was given rights to organize itself by choosing its Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
and officers, judging qualifications and elections of its members, establishing its own procedures and rules for filling vacancies. Anticipating what was to come in the U.S. Constitution of 1787, all money bills were to originate only in the House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
.
Delegates to the Congress of the Confederation
Congress of the Confederation
The Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America that existed from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second...
were chosen annually by joint ballot of both Houses of the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
, meaning a majority of thirty persons would win the election.
Executive
The executive authority of the state was vested in a PresidentGovernor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
or Chief Magistrate. The President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
was chosen by joint ballot of both Houses of the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
. In the event of a tie, The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
would have an additional vote and break the tie. The President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
was to have a term of three years and no longer, and was to be eligible for reelection only after three more years had passed from when he was last in office.
The President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
was to be paid and had authority, with the concurrence of the Privy Council, to lay embargoes, grant pardons in certain circumstances, and exercise other unspecified executive powers of government. He was also Commander in Chief of the armed forces of the state and had the authority to call the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
into session, but could not prorogue, adjourn or dissolve it. In the event of a vacancy, the Speaker of the House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
was to assume the powers of the President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
until the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
could select a new person.
A four member Privy Council shared the executive authority with the President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
. The President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
always acted with their advice and consent. The Privy Council was elected by the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
, two members from The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
, and two members from the House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
. Officers of the Continental Army
Continental Army
The Continental Army was formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen Colonies in...
were ineligible for election and should a member of the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
be elected to the Privy Council, they were required to give up their seat in the legislature. Each year each House of the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
filled vacancies, replacing at least one of the Privy Counsellors they had selected. A Privy Counsellor was to serve no more than three years at a time, and was to be eligible for reelection only after three more years had passed from when he was last in office.
Judiciary
The PresidentGovernor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
, by joint ballot elected the judges listed below. They were to hold no other office, except the militia, be paid, and allowed to serve "during good behavior." In the event of a deadlock in the selection vote, the President was to have an additional vote.
- Three Justices of the Supreme Court, one being named Chief Justice.
- One Judge of Admiralty.
- Four Justices of the Courts of Common Pleas & Orphan Courts for each county, one in each county being named Chief Justice.
The House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
nominated twenty-four persons from each county as Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, with the President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and Privy Council appointing twelve of these for a term of seven years. The members of The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
and Privy Council were also Justices of the Peace for the whole state. The Justices of the Courts of Common Pleas were Conservators of the Peace in their respective counties.
The Clerk of the Supreme Court were appointed by the Chief Justice of the Supreme Court and the three county Recorder of Deeds were appointed by the Justices of the Courts of Common Pleas, all for a term of five years.
A Court of Appeals served as a final appeal from decisions of the Supreme Court. It consisted of the President and three persons appointed by The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
and three persons appointed by the House of Assembly. The Secretary of State was clerk of this Court.
Constitutional Offices
The PresidentGovernor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and Privy Council appointed the officers listed below for a term of five years:
- Secretary of StateSecretary of State of DelawareThe Secretary of State of Delaware is the head of the Department of State of the U.S. state of Delaware. The Department is in charge of a wide variety of public and governmental services, and is divided into the following divisions:* * * * *...
- Attorney GeneralDelaware Attorney GeneralThe Attorney General of Delaware is a constitutional officer of the U.S. state of Delaware, and is the chief law officer and the head of the State Department of Justice.-Description of the office:...
- Register of Wills for each county.
- Register in Chancery for each county.
- Clerk of the Peace for each county.
- Clerk of the Court of Common Pleas and Orphan Courts for each county.
A Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
and Coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
were selected annually for each county by the President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and Privy Council. The Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
was not permitted to serve more than three years without spending three years out of office.
The President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and Privy Council appointed persons to fill vacancies in all these offices until a new election could be held.
Provision was made for the impeachment and prosecution of the President
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and other officials by the House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
before The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
.
All officials were required to take an oath of allegiance to Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
and declare their faith in God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
, Jesus Christ, the Holy Ghost, and acknowledge the Holy Bible to be given by divine inspiration.
Other provisions
Provision was made for continuance of all laws in effect in May 1776 unless altered, temporary or otherwise removed.Provision was made for the continuance of the English Common Law.
Provision was made to prohibit the entry of anyone from Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
or elsewhere for the purpose of holding them in slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
.
The establishment of any religion was prohibited and no active clergymen of any denomination were allowed to hold any office, including membership in the General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
.
The Constitution could be amended only by five/sevenths of the House of Assembly
Delaware House of Representatives
The Delaware House of Representatives is the lower house of the Delaware General Assembly; the state legislature of the U.S. State of Delaware. It is composed of 41 Representatives from an equal amount of constituencies, each of whom is elected to a two year term. The Delaware General Assembly...
and seven Members of The Legislative Council
Delaware Senate
The Delaware Senate is the upper house of the Delaware General Assembly, the state legislature of the U.S. State of Delaware. It is composed of 21 Senators, each of whom is elected to a four-year term, except when reapportionment occurs, at which time Senators may be elected to a two-year term....
.
Elections and terms of office
The first election was to be held October 21, 1776 at the various Court Houses at which time Sheriffs and Coroners and members of the General AssemblyDelaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
were to be elected. The General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
was to meet October 28, 1776 and continue in office until October 1, 1777. Subsequent elections were to take place annually on the first of October, with the General General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
meeting the twentieth of October.
No armed persons or militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
were allowed within one mile of polling places within a day of elections.
See also
- Delaware Constitution of 1792Delaware Constitution of 1792The Delaware Constitution of 1792 was the second governing document for Delaware state government and was in effect from its adoption on June 12, 1792 until replaced on December 2, 1831 by a new Constitution....
- Delaware Constitution of 1831Delaware Constitution of 1831The Delaware Constitution of 1831 was the third governing document for Delaware state government and was in effect from its adoption on December 2, 1831 until replaced on June 4, 1897 by the present state Constitution....
- Delaware Constitution of 1897Delaware Constitution of 1897The Constitution of the State of Delaware of 1897 is the fourth and current governing document for Delaware state government and has been in effect since its adoption on June 4 of that year.-Executive:...
, current