Whenever any portion of the Delaware National Guard is employed in aid of the civil authority, the Governor, if in the Governor's judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified part thereof, to be in a state of insurrection.
Structure Delaware Code
Title 20 - Military and Civil Defense
Chapter 1. DELAWARE NATIONAL GUARD
Subchapter V. Calling Out of National Guard
§ 171. Governor as Commander in Chief; call out of National Guard for state duty.
§ 172. Proclamation of state of insurrection.
§ 173. Requisition for military force; neglect to respond to notice.
§ 175. Exemption from arrest; right-of-way.
§ 176. Rules governing troops when called into service.
§ 177. Bounds from which civilians are excluded; offenses of civilians; penalties; jurisdiction.