Oaths and Subscriptions Exclusion from Offices, Etc., New Hampshire Constitution
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The last part of the New Hampshire Constitution is entitled Oaths and Subscriptions Exclusion from Offices, Etc. and consists of 18 articles.
Article 84
| Text of Article 84:
Oath of Civil Officers Any person chosen governor, councilor, senator, or representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz. - I, A.B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof. So help me God. I, A.B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all duties incumbent on me as ................................................., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God. Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again. Provided always, when any person chosen or appointed as aforesaid shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word "swear," and likewise the words "So help me God," subjoining instead thereof, "This I do under the pains and penalties of perjury." I, A.B., do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as....................according to the best of my abilities, agreeably to the rules and regulations of this constitution, and the laws of the State of New Hampshire. So help me God.[1] |
Amendments
- Amended in 1792 three times, changing president to governor; shortening oath of allegiance; and dispensing with need to take second oath.
- Amended in 1970 adding allegiance to the United States of America.
Article 85
| Text of Article 85:
Before Whom Taken The oaths or affirmations shall be taken and subscribed by the governor before a justice of a New Hampshire court, in the presence of both houses of the legislature, by the senators and representatives before the governor and council for the time being, and by all other officers before such persons and in such manner as the general court shall from time to time appoint.:[1] |
Amendments
- Amended in 1792 three times changing president to governor, senior senator to president of the senate, assembly to legislature, and generally rewording section.
- Amended in 1968 deleting reference to those first elected.
- Amended in 1984 providing that the governor’s oath shall be taken before a justice of a New Hampshire court.
Article 86
| Text of Article 86:
Form of Commissions All commissions shall be in the name of the state of New Hampshire, signed by the governor, and attested by the secretary, or his deputy, and shall have the great seal of the state affixed thereto.[1] |
Amendments
- Amended in 1792 changing president to governor.
Article 87
| Text of Article 87:
Form of Writs All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the state of New Hampshire; shall be under the seal of the court whence they issue, and bear test of the chief, first, or senior justice of the court; but when such justice shall be interested, then the writ shall bear test of some other justice of the court, to which the same shall be returnable; and be signed by the clerk of such court.[1] |
Article 88
| Text of Article 88:
Form of Indictments, Etc. All indictments, presentments, and informations, shall conclude, "against the peace and dignity of the state."[1] |
Article 89
| Text of Article 89:
Suicides and Deodands The estates of such persons as may destroy their own lives, shall not for that offense be forfeited, but descend or ascend in the same manner, as if such persons had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune.[1] |
Article 90
| Text of Article 90:
Existing Laws Continued if Not Repugnant All the laws which have heretofore been adopted, used, and approved, in the province, colony, or state of New Hampshire, and usually practiced on in the courts of law, shall remain and be in full force, until altered and repealed by the legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this constitution: Provided that nothing herein contained, when compared with the twenty-third article in the bill of rights, shall be construed to affect the laws already made respecting the persons, or estates of absentees.[1] |
Article 91
| Text of Article 91:
Habeas Corpus The privilege and benefit of the habeas corpus, shall be enjoyed in this state, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the legislature, except upon most urgent and pressing occasions, and for a time not exceeding three months.[1] |
Article 92
| Text of Article 92:
Enacting Style of Statutes The enacting style in making and passing acts, statutes, and laws, shall be, Be it enacted by the Senate and House of Representatives in General Court convened.[1] |
Article 93
| Text of Article 93:
Governor and Judges Prohibited from Holding Other Offices No governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this state, except such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justice of the peace throughout the state; nor shall they hold any place or office, or receive any pension or salary, from any other state, government, or power, whatever.[1] |
Amendments
- Amended in 1792 changing president to governor. The engrossed copy of 1792, apparently without authority, changed superior court to supreme judicial court.
Article 94
| Text of Article 94:
Incompatibility of Offices; Only Two Offices of Profit to Be Holden at Same Time No person shall be capable of exercising, at the same time more than one of the following offices within this state, viz. judge of probate, sheriff, register of deeds; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts; military offices, and offices of justice of the peace excepted.[1] |
Amendments
- Amended in 1792 changing president to governor.
Article 95
| Text of Article 95:
Incompatibility of Certain Offices No person holding the office of judge of any court, (except special judges) secretary, treasurer of the state, attorney-general, register of deeds, sheriff, collectors of state and federal taxes, members of Congress or any person holding any office under the United States, including any person in active military service, shall at the same time hold the office of governor, or have a seat in the senate, or house of representatives, or council; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of his seat in the chair, senate, or house of representatives, or council; and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or house of representatives.[1] |
Amendments
- Amended in 1792 generally rewording section.
- Amended in 1950 deleting commissary-general.
- Amended in 1958 changing obsolete words and phrases.
- Amended in 1980 prohibiting persons in active military service from holding state office.
Article 96
| Text of Article 96:
Bribery and Corruption Disqualify for Office No person shall ever be admitted to hold a seat in the legislature or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption, in obtaining an election or appointment.[1] |
Article 97
| Text of Article 97:
Value of Money, How Computed Repealed in 1950.[1] |
Article 98
| Text of Article 98:
Constitution, When to Take Effect To the end that there may be no failure of justice, or danger to the state, by the alterations and amendments made in the constitution, the general court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly.[1] |
Article 99
| Text of Article 99:
Revision of Constitution Provided for Repealed.[1] |
Amendments
- Amended in 1792 detailing procedure for calling a convention.
Article 100
| Text of Article 100:
Alternate Methods of Proposing Amendments Amendments to this constitution may be proposed by the general court or by a constitutional convention selected as herein provided. (a) The senate and house of representatives, voting separately, may propose amendments by a three-fifths vote of the entire membership of each house at any session. (b) The general court, by an affirmative vote of a majority of all members of both houses voting separately, may at any time submit the question "Shall there be a convention to amend or revise the constitution?" to the qualified voters of the state. If the question of holding a convention is not submitted to the people at some time during any period of ten years, it shall be submitted by the secretary of state at the general election in the tenth year following the last submission. If a majority of the qualified voters voting on the question of holding a convention approves it, delegates shall be chosen at the next regular general election, or at such earlier time as the legislature may provide, in the same manner and proportion as the representatives to the general court are chosen. The delegates so chosen shall convene at such time as the legislature may direct and may recess from time to time and make such rules for the conduct of their convention as they may determine. (c) The constitutional convention may propose amendments by a three-fifths vote of the entire membership of the convention. Each constitutional amendment proposed by the general court or by a constitutional convention shall be submitted to the voters by written ballot at the next biennial November election and shall become a part of the Constitution only after approval by two-thirds of the qualified voters present and voting on the subject in the towns, wards, and unincorporated places.[1] |
Amendments
- Amended in 1964 twice changing submission of question on calling a convention to every 10 years rather than 7 and providing that the general court could propose amendments.
- Amended in 1980 twice incorporating provisions of repealed Art. 99 and requiring all proposals be submitted at the next biennial November election.
Article 101
| Text of Article 101:
Enrollment of Constitution This form of government shall be enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land and printed copies thereof shall be prefixed to the books containing the laws of this state, in all future editions thereof.[1] |
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- NH.gov, "New Hampshire State Constitution"
- The Green Papers, "New Hampshire: State and Local Government"
- Rollins.edu, "New Hampshire Constitution (New)"
Additional reading
- Marshall, Susan. (2011).The New Hampshire State Constitution, New York, New York: Oxford University Press
- Marshall, Susan. (2004). The New Hampshire State Constitution: A Reference Guide, New York, New York: Praeger
- Updyke, Frank A. "New Hampshire Constitutional Convention (in News and Notes)" in The American Political Science Review Vol. 7, No. 1. (February 1913), pp. 133-137.
- White, Leonard D. "The New Hampshire Constitutional Convention" in the Michigan Law Review Vol. 19, No. 4. (Feb., 1921), pp. 383-394.
Footnotes
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