Ch. 2.3. Primary Source: Delaware’s Poor Law, 1742

Modeled on the English Poor Laws that date back to the 1500s, the colonial poor laws, like this one from Delaware, set up locally-based welfare systems that were very harsh by modern standards. These laws gave officials known as “overseers of the poor” the authority to punish vagrants, “bind out” the children of the poor as apprentices or servants, fine families with poor relatives, raise taxes, and build “poor houses” in which the poor were lodged and put to work.

An Act for the Relief of the Poor, Delaware, 1742

For the prevention of straggling and indigent persons from coming into and being chargeable to the inhabitants, and for the better relief of the poor of this Government, Be it Enacted…

[1] That the Constables and Overseers of the poor in each Hundred within the several Counties of this government shall and are hereby required to make diligent inspection and enquiry in their respective districts after all vagrant, poor, and impotent persons coming into the same in order to settle or otherwise. And if any such shall be found…, such Overseer or Constable shall and is hereby required to make report thereof to the next Justice of the Peace of the said County. And the said Justice shall and is hereby required by warrant under his hand and seal, to cause such vagrant, poor, or impotent persons to be apprehended and brought before him or some other Justice of the Peace of the same County.

[2] And if it appear to the Justice before whom such person is or shall be brought, that such person is likely to become chargeable as aforesaid, such Justice shall and is hereby required to order such…person, if able to travel, immediately to depart the County, or to give sufficient security to indemnify the County, as hereinafter mentioned. And upon refusal or neglect of such vagrant, poor, or impotent person to depart or give security…, it shall and may be lawful…for any two Justices…to cause every such person so refusing or neglecting to be publically whipped at the common whipping post, with any number of lashes not exceeding fifteen, and the same punishment to be repeated every day, or so often as he or she shall not depart…

[3] The father and grandfather, mother and grandmother, being of sufficient ability, shall at their own charges relieve and maintain their poor, blind, lame, and impotent children and grandchildren, as the Justices of the Peace at their General Court of the Quarter-Sessions shall order and direct. And the children and grandchildren, being of ability, shall by such order of the Justices as aforesaid, at their own charges relive and maintain their fathers and grandfathers, mothers and grandmothers, not having any estate, nor being of ability to work, upon pain of forfeiting forty shillings for every month they or any of them shall fail therein…, and paid to the Treasurer for the use of the poor of the same County…

[4] Every poor person whose name shall stand on the list of any of the counties of this Government as one of the poor of the said County, shall on the right sleeve, or on the back of his upper garment, in an open and visible manner, wear such badge or mark as herein after is mentioned and expressed, that is to say, a large Roman or capital ‘P,’ together with the first letter of the name of the County…, cut in either red or blue cloth, as by the Overseers of the Poor…shall be directed…