Constitution of May 3, 1791
Constitution of May 3, 1791
Constitution of May 3, 1791
1 Background
Main articles:
History of the PolishLithuanian
Commonwealth (16481764) and History of the Polish
Lithuanian Commonwealth (176495)
Polish constitutionalism can be traced to the 13th century,
when government by consensus and representation was
already well established in the young Polish state. The
emergence of parliamentary bodies, the sejm and sejmiki,
followed. By the 17th century, Polands legal and political tradition was characterized by: parliamentary institutions and a system of checks and balances on state power,
which was itself limited by decentralization; the idea of
a contractual state, embodied in texts like the Henrician
Articles and the Pacta conventa; the concept of individual liberties; and the notion that the monarch owed duties
to his subjects. This system, which primarily beneted
the Polish nobility (szlachta), came to be known as the
"nobles democracy".[7]
The constitution sought to supplant the prevailing anarchy fostered by some of the countrys magnates with a
more democratic constitutional monarchy. It introduced
elements of political equality between townspeople and
nobility, and placed the peasants under the protection
of the government, thus mitigating the worst abuses of
serfdom. It banned parliamentary institutions such as the
liberum veto, which had put the Sejm at the mercy of any
deputy who could revoke all the legislation that had been
passed by that Sejm. The Commonwealths neighbours
reacted with hostility to the adoption of the constitution.
Frederick William II's Kingdom of Prussia broke its alliance with the Commonwealth, which was attacked and
then defeated in the War in Defence of the Constitution
by an alliance between Catherine the Great's Imperial
2
the continent.[9] In the 1590s, at the peak of the nobles
democracy, King Sigismund III Vasa's court preacher
the Jesuit Piotr Skargahad condemned the weaknesses
of the Commonwealth.[10] In the same period, writers and
philosophers such as Andrzej Frycz Modrzewski[11] and
Wawrzyniec Grzymaa Golicki,[12] and the egzekucja
praw (Execution-of-the-Laws) reform movement led by
Jan Zamoyski had advocated political reforms.[13] As he
was struggling with the Sejm, in 1661 Sigismunds son
King John Casimirwhose reign saw highly destructive
wars and obstructionism by the nobilitycorrectly predicted that the Commonwealth was in danger of a partition by Russia, Brandenburg and Austria.[14]
BACKGROUND
1.2
Early reforms
ryskis invited.[24] In exchange for passing decrees favorable to them, the Russians and Prussians let the
confederated Convocation Sejm enact a number of reforms, including the weakening of liberum veto and ensuring it no longer applied to treasury and economic
matters.[23][24][25] A more comprehensive reform package was presented by Andrzej Zamoyski, but opposition
from Prussia, Russia and the Polish nobility thwarted this
ambitious program, which proposed to decide on all motions by majority voting.[24] In part because his election
was imposed by Empress Catherine the Great, Poniatowskis political position was weak from the beginning.
He proceeded with cautious reforms such as the establishment of scal and military ministries and the introduction of a national customs tari, which was soon abandoned because of opposition from Frederick the Great of
Prussia.[24] These measures had already been authorized
by the Convocation Sejm; more legislative and executive
improvements inspired by Familia or the King were implemented during and after the 1764 Sejm.[24]
3
outside Warsaw in support of the conservative Radom
Confederation.[30][31][32] The King and his adherents had
little choice but to acquiesce to Russian demands. During the Repnin Sejm (named after the unocially presiding Russian ambassador Nicholas Repnin) the King accepted the ve eternal and invariable principles which
Catherine had vowed to protect for all time to come in
the name of Polands liberties": the election of kings, the
right of liberum veto, the right to renounce allegiance to
and raise rebellion against the king (rokosz), the szlachta
's exclusive right to hold oce and land, and landowners power over their peasants.[25][27][30][31] Thus all the
privileges (Golden Freedoms) of the nobility that had
made the Commonwealth ungovernable were guaranteed
as unalterable in the Cardinal Laws.[30][31][32] The Cardinal Laws and the rights of religious dissenters passed
by the Repnin Sejm were personally guaranteed by Empress Catherine. By these acts of legislation, for the rst
time, Russia formally intervened in the Commonwealths
constitutional aairs.[33]
During the 1768 Sejm, Repnin showed his disregard for
local resistance by arranging the abduction and imprisonment of Kajetan Sotyk, Jzef A. Zauski, Wacaw
Rzewuski and Seweryn Rzewuski, all vocal opponents
of foreign domination and the recently proclaimed
policies.[34] The PolishLithuanian Commonwealth had
legally and practically become a protectorate of the Russian Empire.[35] Nonetheless, several minor benecial reforms were adopted, political rights of the religious minorities were restored and the need for more reforms was
becoming increasingly recognized.[31][34]
The Commonwealths magnates viewed reform with suspicion and neighboring powers, content with the deterioration of the Commonwealth, abhorred the thought of a
resurgent and democratic power on their borders.[27] With
the Commonwealth Army reduced to around 16,000,
it was easy for its neighbors to intervene directly In 1791 the Great (Four-Year) Sejm (178892) and Senate
the Imperial Russian Army numbered 300,000 and the adopted the Constitution at Warsaws Royal Castle.
Prussian Army and Imperial Austrian Army had 200,000
each.[28]
King Stanisaw Augusts acquiescence to the Russian inRussias Empress Catherine and Prussias King Freder- tervention encountered some opposition. On February
ick II provoked a conict between members of the Sejm 29, 1768, several magnatesincluding Jzef Puaski and
and the King over civil rights for religious minorities, his young son Kazimierz Puaski (Casimir Pulaski)
such as Protestants and Greek Orthodox whose positions, vowing to oppose Russian inuence, declared Stanisaw
which were guaranteed equal with the Catholic major- August a lackey of Russia and Catherine, and formed a
ity by the Warsaw Confederation of 1573, had wors- confederation at the town of Bar.[34][36][37] The Bar Conened considerably.[25][29][30][31] Catherine and Frederick federation focused on limiting the inuence of foreigners
declared their support for the szlachta and their liber- in Commonwealth aairs, and being pro-Catholic was
ties, and by October 1767 Russian troops had assembled generally opposed to religious tolerance.[36] It began a
2 ADOPTION
civil war to overthrow the King, but its irregular forces Political Thoughts on Civil Liberties (1775) and Patriotic
were overwhelmed by Russian intervention in 1772.[27]
Letters (177878), by Jzef Wybicki, author of the lyrics
The defeat of the Bar Confederation set the scene for the of the Polish National Anthem; (Anonymous Letters to
partition treaty of August 5, 1772, which was signed at Stanisaw Maachowski (178889) and The Political Law
Saint Petersburg by Russia, Prussia and Austria.[36] The of the Polish Nation (1790), by Hugo Kotaj, head of
the Life of
treaty divested the PolishLithuanian Commonwealth the Kotajs Forge party; and Remarks on
[44][47]
Jan
Zamoyski
(1787),
by
Stanisaw
Staszic.
Ignacy
of about a third of its territory and populationover
satires
of
the
Great
Sejm
era
were
also
seen
Krasicki's
2
[38]
200,000 km (77,220 sq mi) and 4 million people.
as crucial to giving the constitution moral and political
The three powers justied their annexation, citing an[48]
archy in the Commonwealth and its refusal to cooper- support.
ate with its neighbors eorts to restore order.[39] King
Stanisaw August yielded and on April 19, 1773, he called
the Sejm into session. Only 102 of about 200 deputies
attended what became known as the Partition Sejm. The
rest were aware of the Kings decision and refused. Despite protests from the deputy Tadeusz Rejtan and others,
the treatylater known as the First Partition of Poland
was ratied.[38]
A new wave of reforms supported by progressive magnates such as the Czartoryski family and King Stanisaw
August were introduced at the Partition Sejm.[32][49][50]
The most important included the 1773 establishment
of the Commission of National Education (Komisja
Edukacji Narodowej)the rst ministry of education
in the world.[38][50][51][52] New schools were opened,
uniform textbooks were printed, teachers received better education and poor students were provided with
scholarships.[38][50] The Commonwealths military was
to be modernized and funding to create a larger standing army was agreed.[53] Economic and commercial
reformsincluding some intended to cover the increased
military budget previously shunned as unimportant by
the szlachtawere introduced.[49][50][53] A new executive assembly, the 36-strong Permanent Council comprising ve ministries with limited legislative powers, was established, giving the Commonwealth a governing body in
constant session between Sejms and therefore immune to
their liberum veto disruptions.[32][38][49][50]
In 1776, the Sejm commissioned former chancellor Andrzej Zamoyski to draft a new legal code.[40] By 1780, he
and his collaborators had produced the Zamoyski Code
(Zbir praw sdowych). It would have strengthened royal
power, made all ocials answerable to the Sejm, placed
the clergy and their nances under state supervision, and
deprived landless szlachta of many of their legal immunities. The Code would also have improved the situation of
non-noblestownspeople and peasants.[54] Zamoyskis
progressive legal code, containing elements of constitutional reform, met with opposition from native conservative szlachta and foreign powers; the 1780 Sejm did not
adopt it.[40][54][55]
Kotaj
Potocki
Staszic
Piattoli
An opportunity for reform occurred during the Great
Sejmalso called the Four-Year Sejmof 178892,
which began on October 6, 1788, with 181 deputies. In
accordance with the Constitutions preamble, from 1790
it met in dual number when 171 newly elected deputies
joined the earlier-established Sejm.[32][47][56] On its second day, the body became a confederated sejm to avoid
the liberum veto.[47][57][58] Concurrent world events appeared to have been opportune for the reformers.[32] Russia and Austria were at war with the Ottoman Empire, and
the Russians found themselves simultaneously ghting in
the Russo-Swedish War, 17881790.[32][59][60][61] A new
alliance between the PolishLithuanian Commonwealth
and Prussia seemed to provide security against Russian
intervention, and King Stanisaw August drew closer to
leaders of the reform-minded Patriotic Party.[32][62][63]
The Sejm passed few major reforms in its rst two years,
but the subsequent two years brought more substantial
changes.[58] The Sejm adopted the 1791 Free Royal Cities
Act, which was formally incorporated into the nal constitution. This act addressed a number of matters related
to the cities, crucially expanding burghers (i.e., townspeoples) rights, including electoral rights.[64][65] While
the Sejm comprised representatives of the nobility and
clergy, the reformers were supported by the burghers,
who in late 1789 organized in Warsaw a "Black Procession" demanding full political enfranchisement of the
bourgeoisie.[63] On 18 April 1791 the Sejmfearing that
the burghers protests, if ignored, could turn violent, as
they had in France not long beforeadopted the Free
Royal Cities Act.[66]
The new constitution was drafted by the King, with
contributions from Ignacy Potocki, Hugo Kotaj and
others.[32][48] The King is credited with writing the general provisions and Kotaj with giving the document
its nal shape.[48][58] Stanisaw August wanted the Commonwealth to become a constitutional monarchy similar
to that of Great Britain, with a strong central government based on a strong monarch.[58] Potocki wanted the
Sejm to be the strongest branch of government. Kotaj wanted a gentle revolution, carried out without violence, to enfranchise other social classes in addition to
the nobility.[58]
The proposed reforms were opposed by the conservatives, including the Hetmans Party.[47][67] Threatened
with violence by their opponents, the advocates of the
draft began the debate on the Government Act two days
early, while many opposing deputies were away on Easter
recess.[68] The debate and subsequent adoption of the
Government Act was executed as a quasi-coup d'tat.
No recall notices were sent to known opponents of reform, while many pro-reform deputies secretly returned
early.[68] The royal guard under the command of the
Kings nephew Prince Jzef Poniatowski were positioned
about the Royal Castle, where the Sejm was gathered,
to prevent opponents from disrupting the proceedings.[68]
On May 3, the Sejm convened with only 182 members,
about half its dual number.[65][68] The bill was read and
overwhelmingly adopted, to the enthusiasm of the crowds
outside.[69] A protest was submitted the next day by a
small group of deputies, but on May 5 the matter was
ocially concluded and protests were invalidated by the
Constitutional Deputation of the Sejm.[70] It was the rst
time in the 18th century that a constitutional act had been
passed in the Commonwealth without the involvement of
foreign powers.[70]
Soon after, the Friends of the Constitution (Zgromadzenie
Przyjaci Konstytucji Rzdowej)which included many
participants in the Great Sejmwas organised to defend
the reforms already enacted and to promote further ones.
It is now regarded as the rst modern-style political party
in Polands history.[48][71] The response to the new constitution was less enthusiastic in the provinces, where
the Hetmans Party enjoyed considerable inuence.[69]
General support among the middle nobility was crucial and still very substantial; most of the provincial sejmiks deliberating in 1791 and early 1792 supported the
constitution.[72]
3 FEATURES
Features
The Polish constitution was one of several to reect Enlightenment inuences, in particular Rousseaus social
contract and Montesquieu's advocacy of a separation
and balance of powers between the three branches
of government and his advocacy of a bicameral
legislature.[7][32][45][73][74] Once the government was established, it aimed to ensure, in accordance with Article
V, that the integrity of the states, civil liberty, and social
order shall always remain in equilibrium.[32][73][74] According to Polish-American historian Jacek Jdruch, the
liberality of its provisions fell somewhere below [those
of] the French, above the Canadian, and left the Prussian
far behind, but did not equal the American Constitution".[65] King Stanisaw August Poniatowski said the new
constitution was founded principally on those of England and the United States of America, but avoiding the
faults and errors of both, and adapted as much as possible to the local and particular circumstances of the
country.[75] George Sanford said that the Polish constitution provided a constitutional monarchy close to the
English model of the time.[32]
Article I acknowledged the Roman Catholic faith as the
dominant religion, but guaranteed tolerance and freedom to all religions.[32][61] It was less progressive than the
16th-century Warsaw Confederation, and placed Poland
clearly within the Catholic sphere of inuence.[76] Ar-
7
or clientele of local magnatesvoted as the magnates
bade them.[32][64] Now the voting right was tied to a property qualication: one had to own or lease land and pay
taxes, or be closely related to somebody who did, to
be eligible to vote.[65][87] 300,000 of 700,000 previously
eligible nobles were thus disfranchised, much to their
displeasure.[64] Voting rights were restored to landowners
who were in military service. They had lost these rights
in 1775.[64] Voting was limited to males of at least 18
years of age.[80] The eligible voters elected deputies to
local powiats, or county sejmiks, which elected deputies
to the General Sejm.[80]
Finally, Article VI explicitly abolished several institutional sources of government weakness and national anarchy, including the liberum veto (which was replaced
by a simple majority vote), confederations and confederated sejms, and the excessive inuence of sejmiks stemming from the previously binding nature of their instructions to their Sejm deputies.[32][65] The confederations
were declared contrary to the spirit of this constitution,
subversive of government and destructive of society.[88]
Thus the new constitution strengthened the powers of
the Sejm, moving the country towards a constitutional
monarchy.[32][65]
8
an impeachment trial.[32][89] The king was the nations
commander-in-chief, commanding its armies; the institution of the hetman (high-ranking military ocial) was
not mentioned.[89] The king also had the right to grant
pardon except in cases of treason.[81] The decisions of the
royal council were carried out by commissions, including
the previously created Commission of National Education, and the new Commissions for Police, the Military
and the Treasury, whose members were elected by the
Sejm.[89]
3 FEATURES
ryski.[65][lower-alpha 5]
Discussed in Article VIII, the judiciary was separated
from the two other branches of the government,[80][89]
and was to be served by elective judges.[80] Courts of
rst instance existed in each voivodeship and were in constant session,[80] with judges elected by the regional sejmik assemblies.[81] Appellate tribunals were established
for the provinces, based on the reformed Crown Tribunal
and Lithuanian Tribunal.[80] The Sejm elected from its
deputies the judges for the Sejm court, a precursor to
the modern State Tribunal of Poland.[80][89] Referendary
courts were established in each province to hear the cases
of the peasantry.[89] Municipal courts, described in the
law on towns, complemented this system.[89]
Article IX covered procedures for regency, which should
be taken up jointly by the council of the Guardians,
headed by the Queen, or in her absence by the
Primate.[81][97] Article X stressed the importance of education of royal children and tasked the Commission
of National Education with this responsibility.[97] The
last article of the constitution, Article XI, concerned
the national standing army.[81] Said army was dened
as a defensive force dedicated solely to the nations
defense.[81] The army was to be increased in strength to
100,000 men.[98]
9
to be dealt with by an extraordinary Sejm held every
25 years.[65][85] Its co-author Hugo Kotaj announced
that work was underway on an economic constitution ...
guaranteeing all rights of property [and] securing protection and honor to all manner of labor ....[106] A third
planned basic law was mentioned by Kotaj; a moral
constitution, most likely a Polish analog to the United
States Bill of Rights and the French Declaration of the
Rights of Man and of the Citizen.[106] The constitution
called for the preparation of a new civil and criminal code,
tentatively called the Stanisaw August Code.[97][107] The
King also planned a reform improving the situation of the
Jews.[107]
a revolution and a conspiracy.[116] The Confederates declared an intention to overcome this revolution. We can
do nothing but turn trustingly to Tsarina Catherine, a distinguished and fair empress, our neighboring friend and
ally, who respects the nations need for well-being and
always oers it a helping hand, they wrote.[116]
Russian armies entered Poland and Lithuania, starting the
PolishRussian War of 1792.[69] The Sejm voted to increase the army of the Commonwealth to 100,000 men,
but owing to insucient time and funds this number was
never achieved and soon abandoned even as a goal.[69][117]
The Polish King and the reformers could eld only a
37,000-man army, many of them untested recruits.[118]
This army, under the command of Jzef Poniatowski
and Tadeusz Kociuszko, defeated or fought to a draw
the Russians on several occasions, but in the end, a defeat loomed inevitable.[69] Despite Polish requests, Prussia refused to honor its alliance obligations.[119] Stanisaw
Augusts attempts at negotiations with Russia proved
futile.[120] As the front lines kept shifting to the west
and in July 1792 Warsaw was threatened with siege by
the Russians, the King came to believe that victory was
impossible against the numerically superior enemy, and
that surrender was the only alternative to total defeat.[120]
Having received assurances from the Russian ambassador
Yakov Bulgakov that no territorial changes will occur, the
Guardians of the Laws cabinet voted 8:4 to surrender.[120]
On July 24, 1792, King Stanisaw August Poniatowski
joined the Targowica Confederation, as the Empress had
demanded.[69] The Polish Army disintegrated.
Many reform leaders, believing their cause was for now
lost, went into self-imposed exile. Some hoped that
Stanisaw August would be able to negotiate an acceptable compromise with the Russians, as he had done
in the past.[120] But the King had not saved the Commonwealth and neither had the Targowica Confederates, who governed the country for a short while. To
their surprise, the Grodno Sejm, bribed or intimidated
by the Russian troops, enacted the Second Partition of
Poland.[69][69][115][121] On November 23, 1793, it concluded its deliberations under duress, annulling the constitution and acceding to the Second Partition.[122][123]
Russia took 250,000 square kilometres (97,000 sq mi),
while Prussia took 58,000 square kilometres (22,000 sq
mi).[121] The Commonwealth now comprised no more
than 215,000 square kilometres (83,000 sq mi).[124] What
was left of the Commonwealth was merely a small buer
state with a puppet king, and Russian garrisons keeping
an eye on the reduced Polish army.[124][125]
For a year and a half, Polish patriots waited while planning an insurrection.[121] On March 24, 1794 in Krakw,
Tadeusz Kociuszko declared what has come to be known
as the Kociuszko Uprising.[121] On May 7, he issued the
Proclamation of Poaniec (Uniwersa Poaniecki), granting freedom to the peasants and ownership of land to all
who fought in the insurrection. Revolutionary tribunals
administered summary justice to those deemed traitors
10
5
5.1
Legacy
Historical signicance
LEGACY
5.2 Holiday
Unnished Temple of Divine Providence, in Warsaws Botanical
Gardens, at Ujazdw Avenue; the cornerstone was laid by King
Stanisaw II August and his brother, Primate Micha Jerzy Poniatowski, on May 3, 1792, to commemorate the Constitution of
May 3, 1791.
11
instated in April 1919 under the Second Polish Republicthe rst holiday ocially introduced in the newly
independent country.[127][131][132] It was again outlawed
during World War II by both the Nazi and Soviet occupiers. It was celebrated in Polish cities in May 1945, although in a mostly spontaneous manner.[127] The 1946
anti-communist demonstrations did not endear it to the
Polish communists, and it competed for attention with
the communist-endorsed May 1 Labor Day celebrations
in the Polish Peoples Republic; this led to its rebranding as Democratic Party Day and removal from the list
of national holidays by 1951.[127][131] Until 1989, May
3 was a frequent occasion for anti-government and anticommunist protests.[127] May 3 was restored as an ocial Polish holiday in April 1990 after the fall of communism.[131] In 2007, May 3 was declared a Lithuanian
national holiday.[133] Polish-American pride has been celebrated on the same date, for instance in Chicago, where
since 1982 Poles have marked it with festivities and the
annual Polish Constitution Day Parade.[134]
Notes
7 References
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15
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16
8 FURTHER READING
8 Further reading
Blackburn, Edwin C. (1991). Stanislaus Leszczynski and the Polish Constitution of May 3, 1791.
The Polish Review 36 (4): 397405. JSTOR
25778592.
Butterwick, Richard (2005). Political Discourses
of the Polish Revolution, 178892. The English Historical Review 120 (487): 695731.
doi:10.1093/ehr/cei126. JSTOR 3489412.
Duzinkiewicz, Janusz. Fateful Transformations:
The Four Years Parliament and the Constitution of
May 3, 1791. New York: Columbia University
Press. ISBN 0-88033-265-4.
Fiszman, Samuel (1997). Constitution and Reform
in Eighteenth-Century Poland: The Constitution of 3
May 1791. Bloomington: Indiana University Press.
ISBN 0-253-33317-2.
Fried, Daniel (2009). Poland, America, and the
Arc of History. The Polish Review 54 (2): 141
146. JSTOR 25779807.
Gierowski, Jzef Andrzej (1996). The PolishLithuanian Commonwealth in the XVIIIth Century:
From Anarchy to Well-Organised State. Translated
from Polish by Henry Leeming. Krakow: Polish
Academy of Sciences. ISBN 83-86956-15-1.
Hoskins, Janina W. (1976). "'A Lesson Which All
Our Countrymen Should Study': Jeerson Views
Poland. The Quarterly Journal of the Library of
Congress 33 (1): 2946. JSTOR 29781662.
Kadziela, ukasz; Strybel, Robert (1994). The
1794 Kociuszko Insurrection. The Polish Review
39 (4): 387392. JSTOR 27920649.
Lukowski, Jerzy (1999). The Partitions of Poland:
1772, 1793, 1795. London: Longman. ISBN 0582-29274-3.
Lukowski, Jerzy (2004). Political Ideas among
the Polish Nobility in the Eighteenth Century (To
1788)". The Slavonic and East European Review 82
(1): 126. JSTOR 4213847.
Murphy, Curtis G. (2012). Burghers versus
Bureaucrats: Enlightened Centralism, the Royal
Towns, and the Case of the Propinacja Law in
Poland-Lithuania, 17761793. Slavic Review 71
(2): 385409. doi:10.5612/slavicreview.71.2.0385.
JSTOR 10.5612/slavicreview.71.2.0385.
Polska (1985). Ustawodawstwo Sejmu Wielkiego z
1791 r [Legislation of the Great Sejm of 1791] (in
Polish). Polska Akad. Nauk, Bibl. Krnicka. Retrieved June 18, 2012. compilation of facsimile
reprints of 1791 legislation pertinent to the Constitution of May 3, 1791.
17
Emanuel Rostworowski (1985). Maj 1791-maj
1792rok monarchii konstytucyjnej [May 1791
May 1792: the Year of Constitutional Monarchy]
(in Polish). Zamek Krlewski w Warszawie. ISBN
978-83-00-00961-9. Retrieved June 18, 2012.
Stone, Daniel (1981). Daniel Hailes and the Polish
Constitution of May 3, 1791. The Polish Review 26
(2): 5163. JSTOR 25777821.
Stone, Daniel (1993). The First (and Only) Year of
the May 3 Constitution. Canadian Slavonic Papers
35 (1/2): 6986. JSTOR 40869459.
External links
Photos of original document
New constitution of the government of Poland, established by the revolution, the third of May, 1791.
London : printed for J. Debrett, 1791. - original old
book, on the free access online library Polona
Polishconstitution.org: Site about the May 3 Constitution that includes a partial English translation by
Christopher Kasparek.
18
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