Charles L. Terry, Jr.

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Charles L. Terry, Jr.
Charles L. Terry, Jr.
In office
January 19, 1965 – January 21, 1969
Preceded by Elbert N. Carvel
Succeeded by Russell W. Peterson
In office
May 1963 – August 19, 1964
Preceded by Clarence A. Southerland
Succeeded by Daniel F. Wolcott
Born September 17, 1900(1900-09-17)
Camden, Delaware
Died February 6, 1970 (aged 69)
Dover Delaware
Political party Democratic
Spouse Jessica Irby
Residence Dover Delaware
Alma mater University of Virginia
Profession lawyer
Religion Episcopalian

Charles Layman "Charlie" Terry, Jr. (September 17, 1900 – February 6, 1970) was an American lawyer and politician from Dover, in Kent County, Delaware. He was a member of the Democratic Party, who served as Chief Justice of the Delaware Supreme Court and as Governor of Delaware.

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[edit] Early life and family

Terry was born September 17, 1900 at Camden, Delaware, son of Charles Layman, Sr. & Elizabeth Maxon Terry. He attended Wesley College, the University of Virginia, and received his Law degree from Washington and Lee University. Terry married Jessica Irby and had one child, Charles III. They were members of Christ Episcopal Church in Dover.

[edit] Legal and judicial career

Terry was admitted to the Bar in 1924 and practiced in Dover, serving as attorney for the Kent County Levy Court and the Delaware General Assembly. In 1936, he was appointed Delaware Secretary of State. He then served as Associate Justice of the Delaware Superior Court from December 7, 1938 until April 29, 1957, and as President Judge from that date until July 23, 1962. He was then appointed Associate Justice of the Delaware Supreme Court and in May 1963 became its Chief Justice, serving until 1964.

Henry R. Horsey and William Duffy in their article on the Delaware Courts described Terry's tenure as Judge as follows: "In his twenty-five years on the bench, Judge Terry, or just plain "Charlie" as he preferred to be called, was, through his knowledge of the legislative process and influence with the General Assembly, instrumental in obtaining numerous judicial reforms. These included an increase in judicial salaries and significant improvements in the judicial pension system, establishment of full-time Courts of Common Pleas in Kent and Sussex Counties, enduring support for the creation of the present separate Supreme Court of Delaware, and extensive improvements and enlargements of the judicial facilities in both the Public Building in Wilmington and the Kent County Courthouse.

[edit] Governor of Delaware

Terry had political ambitions, though, and with the support of the incumbent governor, Elbert N. Carvel, resigned as Chief Justice, and was elected Governor of Delaware in 1964, defeating Republican David P. Buckson, a former acting Governor. He served one term, from January 19, 1965 until January 21, 1969.

As Governor the former Justice instituted a major reform of the magistrate courts or justice of the peace court system, transforming a "court once ridden with politics and favoritism” into what eventually became “an efficient system of salaried, full-time judges sitting in a courtroom setting and conducting proceedings under uniform written rules of procedure.” In particular, the practice of paying fees to these officials based on the number of cases was ended, and they came to receive a set salary. A second change occurred with the purchase of Woodburn,” the official Governor's House. Governor Terry and his family were the first occupants. Terry’s other major initiative was the founding of the Delaware Technical and Community College, with a campus in each county. The former judge was proving to be a very effective governor; deft, charming, and authoritative, as appropriate.

But Delaware could not escape the key issues of the 1960’s, particularly the issue of racial equality. In the Delaware General Assembly there were lengthy debates about equal housing, but no significant legislation could be agreed upon. In the streets of Wilmington, though, a few nights of shootings in 1967 resulted in a curfew and a liquor sales ban. Terry went to the Delaware General Assembly and demanded and received the authority to declare a state of emergency with crowd control powers. He immediately put the emergency into effect, and although the violence was ended in a week, continued the emergency for another month. Then, a year later, real problems came with murder of Martin Luther King on April 4, 1968. A few days later, Wilmington exploded in two days of self-destructive rioting, looting, and burning. Terry again responded with an emergency declaration, and sent the National Guard in to assist the city police. A week later the situation seemed under control, the mayor lifted the curfew, and requested the withdrawal of the National Guard. Believing there was more violence to come, Terry refused. It was not until Terry left office, eight months later, that the National Guard was removed from the streets of Wilmington. While all this was simmering, students at Delaware State College in Dover shouted down Terry during a speech, and briefly occupied the administration building. Terry responded by closing down the school for a month. Terry had become known by some as “The Great Divider.”

Terry was not without considerable support for his notable accomplishments and for the way he handled the violence in Wilmington. He campaigned for a second term and only narrowly lost, believing an October heart attack and a rezoning dispute in Sussex County, cost him the election. But 1968 was a Republican sweep and Russell W. Peterson, a chemist from New Castle County, was able to defeat the incumbent governor, undoubtedly helped by a large number of Democrats in Wilmington who were seeking new leadership to end the tension and violence.


Delaware General Assembly
(sessions while Governor)
Year Assembly Senate Majority President
pro tempore		 House Majority Speaker
1965-1966 123rd Democratic Curtis W. Steen Democratic Harold T. Bockman
1967-1968 124th Democratic Calvin R. McCullough Republican George C. Herring, III

[edit] Death and legacy

Terry died February 6, 1970 in Dover, Delaware and is buried at the Christ Episcopal Church Cemetery, Dover. The Charles L. Terry Campus of the Delaware Technical and Community College at Dover is named in his honor.

[edit] Almanac

Elections are held the first Tuesday after November 1st. The Governor takes office the third Tuesday of January and has a four year term. All judicial positions are appointed by the Governor.

Public Offices
Office Type Location Elected Term began Term ended notes
Justice Judiciary Dover December 7, 1938 April 29, 1957 Superior Court
Presiding Justice Judiciary Dover April 29, 1957 July 23, 1962 Superior Court
Justice Judiciary Dover July 23, 1962 May 1963 Supreme Court
Chief Justice Judiciary Dover May 1963 1964 Supreme Court
Governor Executive Dover 1964 January 19, 1965 January 21, 1969


Election results
Year Office Subject Party Votes % Opponent Party Votes %
1964 Governor Charles L. Terry, Jr. Democratic 102,797 51% David P. Buckson Republican 97,374 49%
1968 Governor Charles L. Terry, Jr. Democratic 102,360 49% Russell W. Peterson Republican 104,474 51%

[edit] References

  • Boyer, William W. (2000). Governing Delaware. Newark, Delaware: University of Delaware Press. ISBN 1-892142-23-6. 
  • Cohen, Celia (2002). Only in Delaware, Politics and Politicians in the First State. Newark, Delaware: Grapevine Publishing. 
  • Davis, Ned (2000). Charles L. Terry. Wilmington, Delaware: Delaware Heritage Press. 0-924177-15-X. 
  • Hoffecker, Carol E. (2004). Democracy in Delaware. Wilmington, Delaware: Cedar Tree Books. ISBN 1-892142-23-6. 
  • Martin, Roger A. (1984). History of Delaware Through its Governors. Wilmington, Delaware: McClafferty Press. 
  • Martin, Roger (1997). Elbert N. Carvel. Wilmington, Delaware: Delaware Heritage Press. 0-924117-08-7. 
  • Munroe, John A. (1993). History of Delaware. Newark, Delaware: University of Delaware Press. ISBN 0-87413-493-5. 
  • Sobel, Robert; J. Racino (1988). Biographical Directory of the Governors of the United States 1789-1978. Westport, CT: Greenwood Press. ISBN 0-930466-00-4. 

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[edit] External links

[edit] Places with more information


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