The Delaware National Guard, the Delaware State Defense Forces and the Delaware militia, when not in the service of the United States, shall be governed and their affairs administered pursuant to the laws of this State, and the laws of the United States, by the Governor as Commander in Chief, through the Department of Military Affairs, which is hereby established and which shall consist of the Adjutant General as its chief executive and such other officers, warrant officers and enlisted personnel and civilian employees as the laws of the State or the laws of the United States may direct or permit. The Department of Military Affairs shall be a department of the executive branch of government in a like manner as all other such departments.

64 Del. Laws, c. 258, § ?1;