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The Constitution of 3 May 1791,<ref name="Davies1992"/>Template:Efn titled the Government Act,Template:Efn was a written constitution for the Polish–Lithuanian Commonwealth that was adopted by the Great Sejm that met between 1788 and 1792. The Commonwealth was a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania; the new constitution was intended to address political questions following a period of political agitation and gradual reform that began with the Convocation Sejm of 1764 and the election that year of the Commonwealth's last monarch, Stanisław August Poniatowski. It was the first codified, modern constitution (possessing checks and balances and a tripartite separation of powers) in Europe and the second in the world, after that of the United States.
The Constitution sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed the peasants under the government's protection, mitigating the worst abuses of serfdom. It banned pernicious parliamentary institutions such as the liberum veto, which had put the Sejm at the mercy of any single deputy, who could veto and thus undo all the legislation adopted by that Sejm. The Commonwealth's neighbours reacted with hostility to the adoption of the Constitution. King Frederick William II of Prussia broke the Prussian alliance with the Commonwealth, joining with Imperial Russia under Catherine the Great and the anti-reform Targowica Confederation of Polish-Lithuanian magnates, to defeat the Commonwealth in the Polish–Russian War of 1792.
The 1791 Constitution was in force for less than 19 months.<ref name="Machnikowski2010"/><ref name="Ligeza2017"/> It was declared null and void by the Grodno Sejm that met in 1793,<ref name="Davies1992"/><ref name="Ligeza2017"/> though the Sejm's legal power to do so was questionable.<ref name="Ligeza2017"/> The Second and Third Partitions of the Commonwealth (1793, 1795) ultimately ended Poland's and Lithuania's sovereign existence until the close of World War I in 1918. Over the ensuing 123 years, the legacy of the 1791 Constitution helped sustain Polish and Lithuanian aspirations for the eventual restoration of their sovereignty.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In the words of two of its principal authors, Ignacy Potocki and Hugo Kołłątaj, the 1791 Constitution was "the last will and testament of the expiring Homeland".
BackgroundEdit
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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 in the first half of the 16th century.Template:When By the 17th century, Poland's legal and political tradition was characterized as parliamentary institutions and a system of checks and balances on state power, which was itself limited by decentralization. Template:Clarify span This system, which primarily benefited the Polish-Lithuanian nobility (szlachta), came to be known as the "nobles' democracy".<ref name=mb>Template:Cite journal</ref>
End of Golden AgeEdit
The 1791 Constitution was a response to the increasingly perilous situation in the Polish–Lithuanian Commonwealth,<ref name="Jędruch1982-151"/> which had been a major European power only a century earlier and was still the largest state on the continent.<ref name="Wandycz2001-66"/> In the 1590s, at the peak of the nobles' democracy, King Sigismund III Vasa's court preacherTemplate:Mdashthe Jesuit Piotr SkargaTemplate:Mdashhad condemned the weaknesses of the Commonwealth.<ref name="Davies2005-273"/> In the same period, writers and philosophers such as Andrzej Frycz Modrzewski<ref name="Stone2001-98"/> and Wawrzyniec Grzymała Goślicki,<ref name="Stone2001-106"/> and the egzekucja praw (Execution-of-the-Laws) reform movement led by Jan Zamoyski had advocated political reforms.<ref name="FedorowiczBogucka1982-110"/> In 1656, in what came to be known as the Lwów Oath, Sigismund's son King John II Casimir Vasa made a solemn vow on behalf of the entire Polish-Lithuanian Commonwealth that he would free the Polish peasants "from the unjust burdens and oppression."<ref>Template:Cite book</ref> As he was struggling with the Sejm, in 1661 John CasimirTemplate:Mdashwhose reign saw highly destructive wars and obstructionism by the nobilityTemplate:Mdashcorrectly predicted that the Commonwealth was in danger of a partition by Russia, Brandenburg and Austria.<ref name="Gierowski 251"/>
As the Sejm failed to implement sufficient reforms, the state machinery became increasingly dysfunctional. A significant cause of the Commonwealth's downfall was the liberum veto ("free veto"), which, since 1652, had allowed any Sejm deputy to nullify all the legislation enacted by that Sejm.<ref name=mb/><ref name="Carsten1961"/> As a result, deputies bribed by magnates or foreign powersTemplate:Mdashprimarily from the Russian Empire, the Kingdom of Prussia and France, which had an ongoing revolutionTemplate:Mdashor deputies who believed they were living in an unprecedented "Golden Age" paralysed the Commonwealth's government for over a century.<ref name=mb/><ref name="Carsten1961"/><ref name="Jędruch1982-156"/> The threat of the liberum veto could only be overridden by the establishment of a "confederated sejm", which was immune to the liberum veto.<ref name="Fazal2011"/> Declaring that a sejm either constituted a "confederation" or belonged to one was a contrivance prominently used by foreign interests in the 18th century to force a legislative outcome.<ref name="Gierowski 63, 72"/>
By the early 18th century, the magnates of Poland and Lithuania controlled the state, ensuring that no reforms that might weaken their privileged status (the "Golden Freedoms") would be enacted.<ref name="Davies2005-274"/> The ineffective monarchs who were elected to the Commonwealth throne in the early 18th century,<ref name="Jędruch1982-153-154"/> Augustus II the Strong and Augustus III of Poland of the House of Wettin, did not improve matters. The Wettins, used to the absolute rule practiced in their native Saxony, tried to govern through intimidation and the use of force, which led to a series of conflicts between their supporters and opponentsTemplate:Mdashincluding another pretender to the Polish-Lithuanian throne, King Stanisław Leszczyński.<ref name="Jędruch1982-153-154"/> Those conflicts often took the form of confederationsTemplate:Mdashlegal rebellions against the king permitted under the Golden FreedomsTemplate:Mdashincluding the Warsaw Confederation (1704), Sandomierz Confederation, Tarnogród Confederation, Dzików Confederation and the War of the Polish Succession.<ref name="Jędruch1982-153-154"/> Only 8 out of 18 Sejm sessions during the reign of Augustus II (1694–1733) passed legislation.<ref name="Wandycz2001-103-104"/> For 30 years during the reign of Augustus III, only one session was able to pass legislation.<ref name="Davies1998"/> The government was near collapse, giving rise to the term "Polish anarchy", and the country was managed by provincial assemblies and magnates.<ref name="Davies1998"/>
Other reform attempts in the Wettin era were led by individuals such as Stanisław Dunin-Karwicki, Stanisław A. Szczuka, Kazimierz Karwowski and Michał Józef Massalski; these mostly proved to be futile.<ref name="Jędruch1982-156"/><ref name="Jędruch1982-153-154"/>
Early reformsEdit
The Enlightenment greatly affected the thinking of influential Commonwealth circles during the reign (1764–95) of its last monarch, Stanisław II August Poniatowski. The King was an "enlightened" Polish magnate who had been a deputy to several Sejms between 1750 and 1764 and had a deeper understanding of Polish politics than previous monarchs.<ref name="Jędruch1982-157"/> The Convocation Sejm of 1764, which elected Poniatowski to the throne, was controlled by the reformist Czartoryski Familia and was backed by Russian military forces invited by the Czartoryskis.<ref name="Gierowski 60-63"/> 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 the liberum veto and its no longer applying to treasury and economic matters.<ref name="Jędruch1982-157"/><ref name="Gierowski 60-63"/><ref name="Jędruch1982-158"/> A more comprehensive reform package was presented by Andrzej Zamoyski, but opposition from Prussia, Russia, and the Polish nobility thwarted this ambitious program, which had proposed deciding all motions by majority vote.<ref name="Gierowski 60-63"/>
In part because his election had been imposed by Empress Catherine the Great, Poniatowski's political position was weak from the start. He proceeded with cautious reforms, such as the establishment of fiscal and military ministries and the introduction of a national customs tariff, which was soon abandoned due to opposition from Prussia's Frederick the Great.<ref name="Gierowski 60-63"/> These measures had already been authorized by the Convocation Sejm; more legislative and executive improvements inspired by the Familia or the King were implemented during and after the 1764 Sejm.<ref name="Gierowski 60-63"/>
The Commonwealth's 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.<ref name=JPL/> With the Commonwealth Army reduced to around 16,000, it was easy for its neighbors to intervene directlyTemplate:Mdashthe Imperial Russian Army numbered 300,000 and the Prussian Army and Imperial Austrian Army had 200,000 each.<ref name="Bauer1991"/>
Russia's Empress Catherine and Prussia's King Frederick II provoked a conflict between members of the Sejm and the King over civil rights for religious minorities, such as Protestants and Greek Orthodox whose positions, which were guaranteed equal with the Catholic majority by the Warsaw Confederation of 1573, had worsened considerably.<ref name="Jędruch1982-158"/><ref name="Gierowski 64"/><ref name="Hugh Seton-Watson"/><ref name="RB"/> Catherine and Frederick declared their support for the szlachta and their "liberties", and by October 1767 Russian troops had assembled outside Warsaw in support of the conservative Radom Confederation.<ref name="Hugh Seton-Watson"/><ref name="RB"/><ref name="Sanford"/> The King and his adherents had little choice but to acquiesce to Russian demands. During the Repnin Sejm (named after the unofficially presiding Russian ambassador Nicholas Repnin) the King accepted the five "eternal and invariable principles" which Catherine had vowed to "protect for all time to come in the name of Poland's liberties": the election of kings, the right of liberum veto, the right to renounce allegiance to and raise rebellion against the king (rokosz), the szlachtaTemplate:'s exclusive right to hold office and land, and landowners' power over their peasants.<ref name="Jędruch1982-158"/><ref name=JPL/><ref name="Hugh Seton-Watson"/><ref name="RB"/> Thus all the privileges ("Golden Freedoms") of the nobility that had made the Commonwealth ungovernable were guaranteed as unalterable in the Cardinal Laws.<ref name="Hugh Seton-Watson"/><ref name="RB"/><ref name="Sanford"/> 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 first time, Russia formally intervened in the Commonwealth's constitutional affairs.<ref name="Gierowski 65"/>
During the 1768 Sejm, Repnin showed his disregard for local resistance by arranging the abduction and imprisonment of Kajetan Sołtyk, Józef A. Załuski, Wacław Rzewuski and Seweryn Rzewuski, all vocal opponents of foreign domination and the recently proclaimed policies.<ref name="Jędruch1982-159"/> The Polish–Lithuanian Commonwealth had legally and practically become a protectorate of the Russian Empire.<ref name="JezierskiLeszczyńska2003"/> Nonetheless, several minor beneficial reforms were adopted, political rights of the religious minorities were restored and the need for more reforms was becoming increasingly recognized.<ref name="RB"/><ref name="Jędruch1982-159"/>
King Stanisław August's acquiescence to the Russian intervention encountered some opposition. On 29 February 1768, several magnatesTemplate:Mdashincluding Józef Pułaski and his young son Kazimierz Pułaski (Casimir Pulaski)Template:Mdashvowing to oppose Russian influence, declared Stanisław August a lackey of Russia and Catherine, and formed a confederation at the town of Bar.<ref name="Jędruch1982-159"/><ref name="Jędruch1982-160"/><ref name="CollinsNolte1995"/> The Bar Confederation focused on limiting the influence of foreigners in Commonwealth affairs, and being pro-Catholic was generally opposed to religious tolerance.<ref name="Jędruch1982-160"/> It began a civil war to overthrow the King, but its irregular forces were overwhelmed by Russian intervention in 1772.<ref name=JPL/>
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The defeat of the Bar Confederation set the scene for the partition treaty of 5 August 1772, which was signed at Saint Petersburg by Russia, Prussia, and Austria.<ref name="Jędruch1982-160"/> The treaty divested the Polish–Lithuanian Commonwealth of about a third of its territory and populationTemplate:Mdashover Template:Convert and 4 million people.<ref name=Luk9699/> The three powers justified their annexation, citing anarchy in the Commonwealth and its refusal to cooperate with its neighbors' efforts to restore order.<ref name=conquest/> King Stanisław August yielded and on 19 April 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 King's decision and refused. Despite protests from the deputy Tadeusz Rejtan and others, the treatyTemplate:Mdashlater known as the First Partition of PolandTemplate:Mdashwas ratified.<ref name=Luk9699/>
The first of the three successive 18th-century partitions of Commonwealth territory that would eventually remove Poland's sovereignty shocked the Commonwealth's inhabitants and made it clear to progressive minds that the Commonwealth must either reform or perish.<ref name=Luk9699/> In the thirty years before the Constitution, there was a rising interest among progressive thinkers in constitutional reform.<ref name="Jędruch1982-164-165"/> Before the First Partition, a Polish noble, Michał Wielhorski was sent to France by the Bar Confederation to ask the philosophes Gabriel Bonnot de Mably and Jean-Jacques Rousseau for their suggestions on a new constitution for a reformed Poland.<ref name="Williams2007"/><ref name="RomanielloLipp2011"/><ref name="Lukowski2010"/><ref name="Jędruch1982-166-167"/><ref name=Lukowski2009/> Mably submitted his recommendations Du gouvernement et des lois en Pologne (The Government and Laws of Poland) in 1770–71, whereas Rousseau finished his Considerations on the Government of Poland in 1772 when the First Partition was already underway.<ref name="Cranston"/> Works advocating the need for reform and presenting specific solutions were published in the Commonwealth by Polish–Lithuanian thinkers: On an Effective Way of Councils or on the Conduct of Ordinary Sejms (1761–63), by Stanisław Konarski, founder of the Collegium Nobilium; Political Thoughts on Civil Liberties (1775) and Patriotic Letters (1778–78), by Józef Wybicki, author of the lyrics of the Polish National Anthem; (Anonymous Letters to Stanisław Małachowski (1788–89) and The Political Law of the Polish Nation (1790), by Hugo Kołłątaj, head of the Kołłątaj's Forge party; and Remarks on the Life of Jan Zamoyski (1787), by Stanisław Staszic.<ref name="Jędruch1982-166-167"/><ref name="Jędruch1982-169-171"/> Ignacy Krasicki's satires of the Great Sejm era were also seen as crucial to giving the constitution moral and political support.<ref name="Jędruch1982-179"/>
A new wave of reforms supported by progressive magnates such as the Czartoryski family and King Stanisław August were introduced at the Partition Sejm.<ref name="Sanford"/><ref name="Jędruch1982-162-163"/><ref name="Stone2001-274"/> The most important included the 1773 establishment of the Commission of National Education (Komisja Edukacji Narodowej)Template:Mdashthe first ministry of education in the world.<ref name=Luk9699/><ref name="Stone2001-274"/><ref name=dp/><ref name=nd167/> New schools were opened, uniform textbooks were printed, teachers received better education and poor students were provided with scholarships.<ref name=Luk9699/><ref name="Stone2001-274"/> The Commonwealth's military was to be modernized and funding to create a larger standing army was agreed.<ref name="Gierowski 73"/> Economic and commercial reformsTemplate:Mdashincluding some intended to cover the increased military budget previously shunned as unimportant by the szlachtaTemplate:Mdashwere introduced.<ref name="Jędruch1982-162-163"/><ref name="Stone2001-274"/><ref name="Gierowski 73"/> A new executive assembly, the 36-strong Permanent Council comprising five 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.<ref name="Sanford"/><ref name=Luk9699/><ref name="Jędruch1982-162-163"/><ref name="Stone2001-274"/>
In 1776, the Sejm commissioned former chancellor Andrzej Zamoyski to draft a new legal code.<ref name="Jędruch1982-164-165"/> By 1780, he and his collaborators had produced the Zamoyski Code (Zbiór praw sądowych). It would have strengthened royal power, made all officials answerable to the Sejm, placed the clergy and their finances under state supervision, and deprived landless szlachta ("barefoot szlachta") of many of their legal immunities. The Code would also have improved the situation of non-noblesTemplate:Mdashtownspeople and peasants.<ref name="Gierowski 74-75"/> Zamoyski's 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.<ref name="Jędruch1982-164-165"/><ref name="Gierowski 74-75"/><ref name=butt/>
Constitution's adoptionEdit
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An opportunity for reform occurred during the "Great Sejm"Template:Mdashalso called the "Four-Year Sejm"Template:Mdashof 1788–92, which began on 6 October 1788 with 181 deputies. In accordance with the Constitution's preamble, from 1790 it met "in dual number" when 171 newly elected deputies joined the earlier-established Sejm.<ref name="Sanford"/><ref name="Jędruch1982-169-171"/><ref name="Justyński1991"/> On its second day, the body became a confederated sejm to avoid the liberum veto.<ref name="Jędruch1982-169-171"/><ref name="Ostrowski1873"/><ref name=bardach304-305/> Concurrent world events appeared to have been opportune for the reformers.<ref name="Sanford"/> Russia and Austria were at war with the Ottoman Empire, and the Russians found themselves simultaneously fighting in the Russo-Swedish War, 1788–1790.<ref name="Sanford"/><ref name="Jędruch1982-176"/><ref name="BideleuxJeffries1998"/><ref name="Lukowski2010-226"/> A new alliance between the Polish–Lithuanian Commonwealth and Prussia seemed to provide security against Russian intervention, and King Stanisław August drew closer to leaders of the reform-minded Patriotic Party.<ref name="Sanford"/><ref name="Wandycz"/><ref name="Jędruch1982-172-173"/>
The Sejm passed few major reforms in its first two years, but the subsequent two years brought more substantial changes.<ref name=bardach304-305/> The Sejm adopted the 1791 Free Royal Cities Act, which was formally incorporated into the final constitution. This act addressed a number of matters related to the cities, crucially expanding burghers' (i.e., townspeople's) rights, including electoral rights.<ref name="Jędruch1982-173-174"/><ref name="Jędruch1982-178"/> 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.<ref name="Jędruch1982-172-173"/> On 18 April 1791 the SejmTemplate:Mdashfearing that the burghers' protests, if ignored, could turn violent, as they had in France not long beforeTemplate:Mdashadopted the Free Royal Cities Act.<ref name="Jędruch1982-175"/>
The new constitution was drafted by the King, with contributions from Ignacy Potocki, Hugo Kołłątaj and others.<ref name="Sanford"/><ref name="Jędruch1982-179"/> The King is credited with writing the general provisions and Kołłątaj with giving the document its final shape.<ref name="Jędruch1982-179"/><ref name=bardach304-305/> Stanisław 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.<ref name=bardach304-305/> Potocki wanted the Sejm to be the strongest branch of government. Kołłątaj wanted a "gentle" revolution, carried out without violence, to enfranchise other social classes in addition to the nobility.<ref name=bardach304-305/>
The proposed reforms were opposed by the conservatives, including the Hetmans' Party.<ref name="Jędruch1982-169-171"/><ref name="Handelsman1907"/> 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.<ref name="Jędruch1982-177"/> The debate and subsequent adoption of the Government Act was executed as a quasi-coup d'état. No recall notices were sent to known opponents of reform, while many pro-reform deputies secretly returned early.<ref name="Jędruch1982-177"/> The royal guard under the command of the King's nephew Prince Józef Poniatowski were positioned about the Royal Castle, where the Sejm was gathered, to prevent opponents from disrupting the proceedings.<ref name="Jędruch1982-177"/> On 3 May, the Sejm convened with only 182 members, about half its "dual" number.<ref name="Jędruch1982-178"/><ref name="Jędruch1982-177"/> The bill was read and overwhelmingly adopted, to the enthusiasm of the crowds outside.<ref name="Jędruch1982-184-185"/> A protest was submitted the next day by a small group of deputies, but on 5 May the matter was officially concluded and protests were invalidated by the Constitutional Deputation of the Sejm.<ref name="Gierowski 83-86"/> It was the first time in the 18th century that a constitutional act had been passed in the Commonwealth without the involvement of foreign powers.<ref name="Gierowski 83-86"/>
Soon after, the Friends of the Constitution (Zgromadzenie Przyjaciół Konstytucji Rządowej)Template:Mdashwhich included many participants in the Great SejmTemplate:Mdashwas organised to defend the reforms already enacted and to promote further ones. It is now regarded as the first modern-style political party in Poland's history.<ref name="Jędruch1982-179"/><ref name="Kowecki51"/> The response to the new constitution was less enthusiastic in the provinces, where the Hetmans' Party enjoyed considerable influence.<ref name="Jędruch1982-184-185"/> 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.<ref name="Grodziski 129"/>
FeaturesEdit
The Constitution of 3 May 1791 reflected Enlightenment influences, including Rousseau's concept of the social contract and Montesquieu's advocacy of a balance of powers among three branches of government—legislative, executive, and judicial—and of a bicameral legislature.<ref name=mb/><ref name="Sanford"/><ref name=Lukowski2009/><ref name="Constitutions2"/><ref name="bardach318"/> As stated in Article V of the 3 May 1791 Constitution, the government was to ensure that "the integrity of the states, civil liberty, and social order shall always remain in equilibrium."<ref name="Sanford"/><ref name="Constitutions2"/><ref name=bardach318/> Jacek Jędruch writes that the liberality of the 3 May 1791 Constitution's provisions "fell somewhere below [that of] the French Constitution of 1791, above [that of the Canadas'] Constitutional Act of 1791, and left the [1794] General State Laws for the Prussian States far behind, but did not equal [that of] the American Constitution [that went into force in 1789]."<ref name="Jędruch1982-178"/> King Stanisław August Poniatowski was reported to have said that the 3 May 1791 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."<ref name="Constitutions1"/> However, Polish historiansTemplate:Which report the Constitution as having been describedTemplate:By whom as "based mainly on the United States Constitution, but minus the latter's flaws, and adapted to Poland's circumstances."Template:Citation neededTemplate:Efn George Sanford writes that the Constitution of 3 May 1791 provided "a constitutional monarchy close to the English model of the time."<ref name="Sanford"/>
Article I acknowledged the Roman Catholic faith as the "dominant religion" but guaranteed tolerance and freedom to all religions.<ref name="Sanford"/><ref name="Lukowski2010-226"/> It was less progressive than the 16th-century Warsaw Confederation, and placed Poland clearly within the Catholic sphere of influence.<ref name=MH>Template:Cite journal</ref> Article II confirmed many old privileges of the nobility, stressing that all nobles were equal and should enjoy personal security and the right to property.<ref name="Lukowski2010-227"/> Article III stipulated that the earlier Free Royal Cities Act (Miasta Nasze Królewskie Wolne w Państwach Rzeczypospolitej), of 18 (or 21) April 1791, was integral to the Constitution. Personal securityTemplate:Mdashneminem captivabimus, the Polish version of habeas corpusTemplate:Mdashwas extended to townspeople (including Jews). Townspeople also gained the right to acquire landed property and became eligible for military officers' commissions and public offices, such as reserved seats in the Sejm and seats in the executive commissions of the Treasury, Police, and Judiciary.<ref name=mb/><ref name="Jędruch1982-175"/> Membership in the nobility (szlachta) was also made easier for burghers to acquire.<ref name="Gierowski 83"/>
With half a million burghers in the Commonwealth now substantially enfranchised, political power became more equally distributed. Little power was given to the less politically conscious or active classes, such as Jews and peasants.<ref name="Jędruch1982-176"/><ref name=MH/><ref name="Lukowski2010-227"/><ref name="fbs"/> Article IV placed the Commonwealth's peasantry under the protection of the national lawTemplate:Mdasha first step toward enfranchising the country's largest and most oppressed social class. Their low status compared to other classes was not eliminated, as the constitution did not abolish serfdom.<ref name="Lukowski2010-227"/><ref name="fbs"/><ref name="Jędruch1982-181-182"/>Template:Efn The Second Partition and Kościuszko's Proclamation of Połaniec in 1794 would later begin to abolish serfdom.<ref name="Grodziski 157"/>
Article V stated that "all power in civil society [should be] derived from the will of the people."<ref name=mb/> The constitution referred to the country's "citizens", which for the first time included townspeople and peasants.<ref name=mb/><ref name="Gierowski 83-86"/> The document's preamble and 11 individual articles introduced the principle of popular sovereignty applied to the nobility and townspeople, and the separation of powers into legislative (a bicameral Sejm), executive ("the King and the Guardians", the Guardians of the Laws being the newly established top governmental entity) and judicial branches.<ref name="Sanford"/><ref name="Constitutions2"/><ref name="Grodziski 114"/> It advanced the democratization of the polity by limiting the excessive legal immunities and political prerogatives of landless nobility.<ref name="Jędruch1982-175"/><ref name="Lukowski2010-227"/><ref name="Jędruch1982-181-182"/><ref name="Constitutions3"/>
Legislative power, as defined in Article VI, rested with the bicameral parliament (an elected Sejm and an appointed Senate) and the king.<ref name="Jędruch1982-181-182"/><ref name="Lukowski2010-228"/> The Sejm met every two years, and when required by national emergency.<ref name="Jędruch1982-181-182"/><ref name="Lukowski2010-228"/> Its lower chamberTemplate:Mdashthe Chamber of Deputies (Izba Poselska)Template:Mdashhad 204 deputies (2 from each powiat, 68 each from the provinces of Greater Poland, Lesser Poland and the Grand Duchy of Lithuania) and 21 plenipotentiaries from royal cities (7 from each province).<ref name="Sanford"/><ref name="Jędruch1982-181-182"/> The royal chancellery was to inform the sejmiks of the legislation it intended to propose in advance, so deputies could prepare for the discussions.<ref name="Lukowski2010-228"/> The Sejm's upper chamberTemplate:Mdashthe Chamber of Senators (Izba Senacka)Template:Mdashhad between 130<ref name="Jędruch1982-181-182"/> and 132<ref name="Sanford"/> (sources vary) senators (voivodes, castellans, and bishops, as well as governments ministers without the right to vote).<ref name="Sanford"/><ref name="Jędruch1982-181-182"/> The king presided over the Senate and had one vote, which could be used to break ties.<ref name="Jędruch1982-181-182"/> The king and all deputies had legislative initiative, and most mattersTemplate:Mdashknown as general laws, and divided into constitutional, civil, criminal, and those for the institution of perpetual taxesTemplate:Mdashrequired a simple majority, first from the lower chamber, then the upper.<ref name=Wagner>Template:Cite journal</ref> Specialized resolutions, including treaties of alliance, declarations of war and peace, ennoblements and increases in national debt, needed a majority of both chambers voting jointly.<ref name=Wagner/> The Senate had a suspensive veto over laws that the Sejm passed, valid until the next Sejm session, when it could be overruled.<ref name=mb/><ref name="Jędruch1982-181-182"/>
Article VI recognized the Prawo o sejmikach, the act on regional assemblies (sejmiks) passed on 24 March 1791.<ref name="Jędruch1982-178"/><ref name="Constitutions6"/> By reducing the enfranchisement of the noble classes, this law introduced major changes to the electoral ordinance.<ref name="Jędruch1982-173-174"/> Previously, all nobles had been eligible to vote in sejmiks, which de facto meant that many of the poorest, landless noblesTemplate:Mdashknown as "clients" or "clientele" of local magnatesTemplate:Mdashvoted as the magnates bade them.<ref name="Sanford"/><ref name="Jędruch1982-173-174"/> Now right to vote was tied to a property qualification: one had to own or lease land and pay taxes, or be closely related to somebody who did, to vote.<ref name="Jędruch1982-178"/><ref name="Jędruch1982-174"/> 300,000 of 700,000 previously eligible nobles were thus disfranchised.<ref name="Jędruch1982-173-174"/> Voting rights were restored to landowners in military service. They had lost these rights in 1775.<ref name="Jędruch1982-173-174"/> Voting was limited to men aged at least 18.<ref name="Jędruch1982-181-182"/> The eligible voters elected deputies to local powiats, or county sejmiks, which elected deputies to the General Sejm.<ref name="Jędruch1982-181-182"/>
Finally, Article VI explicitly abolished several institutional sources of government weakness and national anarchy, including the liberum veto, confederations and confederated sejms, and the excessive influence of sejmiks stemming from the previously binding nature of their instructions to their Sejm deputies.<ref name="Sanford"/><ref name="Jędruch1982-178"/> The confederations were declared "contrary to the spirit of this constitution, subversive of government and destructive of society."<ref name="Lukowski2010-229"/> Thus the new constitution strengthened the powers of the Sejm, moving the country towards a constitutional monarchy.<ref name="Sanford"/><ref name="Jędruch1982-178"/>
Executive power, according to Article V and Article VII, was in the hands of "the King in his council", a cabinet of ministers that was called the Guardians of the Laws (or Guard of the Laws, Straż Praw).<ref name="Lukowski2010-229"/> The ministries could not create or interpret laws, and all acts of the foreign ministry were provisional and subject to Sejm approval.<ref name="Lukowski2010-229"/> The King presided over his council, which comprised the Roman Catholic Primate of PolandTemplate:Mdashwho was also president of the Education CommissionTemplate:Mdashand five ministers appointed by the King: a minister of police, a minister of the seal (internal affairs), a minister of foreign affairs, a minister belli (of war), and a minister of treasury.<ref name="Jędruch1982-181-182"/> Council members also includedTemplate:Mdashwithout a voteTemplate:Mdashthe Crown Prince, the Marshal of the Sejm, and two secretaries.<ref name="Lukowski2010-229"/> This royal council descended from similar councils that had functioned since King Henry's Articles (1573), and from the recent Permanent Council. Acts of the King required the countersignature of the pertinent minister.<ref name="Lukowski2010-230"/> A minister was required to countersign a law, unless all other ministers endorsed his objection to that law. In that case, the King could withdraw the law or press the issue by presenting it to parliament. The stipulation that the King, "doing nothing of himself, ... shall be answerable for nothing to the nation," parallels the British constitutional principle that "The King can do no wrong." (In both countries, the pertinent minister was responsible for the King's acts.)<ref name="Lukowski2010-230"/><ref name="Constitutions4"/> The ministers were responsible to the Sejm, which could dismiss them by a two-thirds vote of no confidence of both houses.<ref name="Sanford"/><ref name="Jędruch1982-178"/><ref name="Jędruch1982-181-182"/> Ministers could also be held accountable by the Sejm Court, where a simple-majority vote sufficed to impeach a minister.<ref name="Sanford"/><ref name="Lukowski2010-230"/> The King was the nation's commander-in-chief; there is no mention of hetmans (the previous highest-ranking military commanders).<ref name="Lukowski2010-230"/> The King had the right to grant pardons, except in cases of treason.<ref name=Wagner/> The royal council's decisions were implemented by commissions, whose members were elected by the Sejm.<ref name="Lukowski2010-230"/>
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The Constitution changed the government from an elective to a hereditary monarchy.<ref name="Sanford"/><ref name="Jędruch1982-178"/><ref name="Constitutions5"/> This provision was intended to reduce the destructive influence of foreign powers at each election.<ref name="Jędruch1982-180"/>Template:Efn The royal dynasty was elective, and if one were to cease, a new family would be chosen by the nation.<ref name="Lukowski2010-229"/> The king reigned by the "grace of God and the will of the Nation", and "all authority derives from the will of the Nation."<ref name="Sanford"/><ref name="Jędruch1982-181-182"/> The institution of pacta conventa was preserved.<ref name="Lukowski2010-230"/> On Stanisław August's death the Polish throne would become hereditary and pass to Frederick Augustus III of Saxony of the House of Wettin, which had provided the two kings before Stanisław August.<ref name="Jędruch1982-178"/><ref name="Lukowski2010-230"/> This provision was contingent upon Frederic Augustus' consent. He declined when Adam Czartoryski offered him the throne.<ref name="Jędruch1982-178"/>Template:Efn
Discussed in Article VIII, the judiciary was separated from the two other branches of the government,<ref name="Jędruch1982-181-182"/><ref name="Lukowski2010-230"/> and was to be served by elective judges.<ref name="Jędruch1982-181-182"/> Courts of first instance existed in each voivodeship and were in constant session,<ref name="Jędruch1982-181-182"/> with judges elected by the regional sejmik assemblies.<ref name=Wagner/> Appellate tribunals were established for the provinces, based on the reformed Crown Tribunal and Lithuanian Tribunal.<ref name="Jędruch1982-181-182"/> The Sejm elected from its deputies the judges for the Sejm Court, a precursor to the modern State Tribunal of Poland.<ref name="Jędruch1982-181-182"/><ref name="Lukowski2010-230"/> Referendary courts were established in each province to hear the cases of the peasantry.<ref name="Lukowski2010-230"/> Municipal courts, described in the law on towns, complemented this system.<ref name="Lukowski2010-230"/>
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.<ref name=Wagner/><ref name="Lukowski2010-231"/> Article X stressed the importance of education of royal children and tasked the Commission of National Education with this responsibility.<ref name="Lukowski2010-231"/> The last article of the constitution, Article XI, concerned the national standing army.<ref name=Wagner/> Said army was defined as a "defensive force" dedicated "solely to the nation's defense."<ref name=Wagner/> The army was to be increased in strength to 100,000 men.<ref name=jb/>
To further enhance the Commonwealth's integration and security, the Constitution abolished the erstwhile union of Poland and Lithuania in favor of a unitary state.<ref name="Jędruch1982-179"/><ref name=bardach309/> Its full establishment, supported by Stanisław August and Kołlątaj, was opposed by many Lithuanian deputies.<ref name=bardach309/> As a compromise, the Grand Duchy of Lithuania received numerous privileges guaranteeing its continued existence.<ref name=bardach309/> Related acts included the Declaration of the Assembled Estates (Deklaracja Stanów Zgromadzonych) of 5 May 1791, confirming the Government Act adopted two days earlier, and the Mutual Pledge of the Two Nations (Zaręczenie Wzajemne Obojga Narodów), i.e., of the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania, of 22 October 1791, affirming the unity and indivisibility of Poland and Lithuania within a single state and their equal representation in state-governing bodies.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Constitutions1"/><ref name=Kowecki/> The Mutual Pledge strengthened the Polish–Lithuanian union while keeping many federal aspects of the state intact.<ref name="bardach309"/><ref name=mkw/><ref name=BardachTPR>Template:Cite journal</ref>
The manuscript in Lithuanian language of the Constitution was made and it was also later published in English-, French-, and German-language editions.<ref name="Old Lithuanian texts"/>
The Constitution provided for potential amendments, which were to be addressed at an extraordinary Sejm to be held every 25 years.<ref name="Jędruch1982-178"/><ref name="Lukowski2010-228"/>
The Constitution remained to the last a work in progress. The Government Act was fleshed out in a number of laws passed in May and June 1791: on sejm courts (two acts of 13 May), the Guardians of the Laws (1 June), the national police commission (a ministry, 17 June), and municipal administration (24 June).
The Constitution's co-author Hugo Kołłątaj announced that work was underway on "an economic constitution ... guaranteeing all rights of property [and] securing protection and honor to all manner of labor ..."<ref name="Constitutions7"/> A third planned basic law was mentioned by Kołłątaj: 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.<ref name="Constitutions7"/> The Constitution called for the preparation of a new civil and criminal code, tentatively called the Stanisław August Code.<ref name="Lukowski2010-231"/><ref name="psb627"/> The King also planned a reform improving the situation of the Jews.<ref name="psb627"/>
Aftermath: war and final two PartitionsEdit
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The constitutional formal procedures were performed for little over a year before being stopped by Russian armies allied with conservative Polish nobility in the Polish–Russian War of 1792, also known as the War in Defense of the Constitution.<ref name="Jędruch1982-184-185"/> With the wars between Turkey and Russia and Sweden and Russia having ended, Empress Catherine was furious over the adoption of the document, which she believed threatened Russian influence in Poland.<ref name="BideleuxJeffries1998"/><ref name="Lukowski2010-226"/><ref name="Schroeder"/> Russia had viewed Poland as a de facto protectorate.<ref name=luza84/> "The worst possible news have arrived from Warsaw: the Polish king has become almost sovereign" was the reaction of one of Russia's chief foreign policy authors, Alexander Bezborodko, when he learned of the new constitution.<ref name="Bauer167"/> The contacts of Polish reformers with the Revolutionary French National Assembly were seen by Poland's neighbors as evidence of a revolutionary conspiracy and a threat to the absolute monarchies.<ref name="Carter1994"/><ref name="Davies2005-403"/> The Prussian statesman Ewald von Hertzberg expressed the fears of European conservatives: "The Poles have given the coup de grâce to the Prussian monarchy by voting a constitution", elaborating that a strong Commonwealth would likely demand return of the lands that Prussia had acquired in the First Partition.<ref name=Bauer167/><ref name=buffaloquote/>
Magnates who had opposed the constitution draft from the start, Franciszek Ksawery Branicki, Stanisław Szczęsny Potocki, Seweryn Rzewuski, and Szymon and Józef Kossakowski, asked Tsarina Catherine to intervene and restore their privilegesTemplate:Mdashthe Cardinal Laws abolished under the new statute.<ref name="Jędruch1982-184-185"/> To that end these magnates formed the Targowica Confederation.<ref name="Jędruch1982-184-185"/> The Confederation's proclamation, prepared in St. Petersburg in January 1792, criticized the constitution for contributing to "contagion of democratic ideas" following "the fatal examples set in Paris."<ref name="Lord1915"/><ref name="Kopeček2006-282-284"/> It asserted that "The parliament ... has broken all fundamental laws, swept away all liberties of the gentry and on the third of May 1791 turned into a revolution and a conspiracy."<ref name="Kopeček2006-284-285"/> 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 nation's need for well-being and always offers it a helping hand", they wrote.<ref name="Kopeček2006-284-285"/>
Russian armies entered Poland and Lithuania, starting the Polish–Russian War of 1792.<ref name="Jędruch1982-184-185"/> The Sejm voted to increase the army of the Commonwealth to 100,000 men, but owing to insufficient time and funds this number was never achieved and soon abandoned even as a goal.<ref name="Jędruch1982-184-185"/><ref name="Gierowski 78-82"/> The Polish King and the reformers could field only a 37,000-man army, many of them untested recruits.<ref name="bardach317"/> This army, under the command of Józef Poniatowski and Tadeusz Kościuszko, defeated or fought to a draw the Russians on several occasions, but in the end, a defeat loomed inevitable.<ref name="Jędruch1982-184-185"/> Despite Polish requests, Prussia refused to honor its alliance obligations.<ref name="Łojek1986-325-326"/> Stanisław August's attempts at negotiations with Russia proved futile.<ref name="psb628"/> 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.<ref name="psb628"/> 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.<ref name="psb628"/> On 24 July 1792, King Stanisław August Poniatowski joined the Targowica Confederation, as the Empress had demanded.<ref name="Jędruch1982-184-185"/> The Polish Army disintegrated.
Many reform leaders, believing their cause was for now lost, went into self-imposed exile. Some hoped that Stanisław August would be able to negotiate an acceptable compromise with the Russians, as he had done in the past.<ref name="psb628"/> 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.<ref name="Jędruch1982-184-185"/><ref name="Kopeček2006-282-284"/><ref name="Jędruch1982-186-187"/> On 23 November 1793, it concluded its deliberations under duress, annulling the constitution and acceding to the Second Partition.<ref name="Davies2005-254"/><ref name="Pickus2001"/> Russia took Template:Convert, while Prussia took Template:Convert.<ref name="Jędruch1982-186-187"/> The Commonwealth now comprised no more than Template:Convert.<ref name="Frucht2005"/> What was left of the Commonwealth was merely a small buffer state with a puppet king, and Russian garrisons keeping an eye on the reduced Polish army.<ref name="Frucht2005"/><ref name="OlsonCloud2003"/>
For a year and a half, Polish patriots waited while planning an insurrection.<ref name="Jędruch1982-186-187"/> On 24 March 1794 in Kraków, Tadeusz Kościuszko declared what has come to be known as the Kościuszko Uprising.<ref name="Jędruch1982-186-187"/> On 7 May, he issued the Proclamation of Połaniec (Uniwersał Połaniecki), 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 to the Commonwealth.<ref name="Jędruch1982-186-187"/> After initial victories at the Battle of Racławice (4 April), the capture of Warsaw (18 April) and the Wilno (22 April)Template:Mdashthe Uprising was crushed when the forces of Russia, Austria and Prussia joined in a military intervention.<ref name="Jędruch1982-188-189"/> Historians consider the Uprising's defeat to have been a foregone conclusion in face of the superiority in numbers and resources of the three invading powers. The defeat of Kościuszko's forces led in 1795 to the third and final partition of the Commonwealth.<ref name="Jędruch1982-188-189"/>
LegacyEdit
Historic importanceEdit
The Constitution of 3 May 1791 has been both idealized, and criticized for either not going far enough or being too radical.<ref name=bardach318/> As its provisions remained in force for only 18 months and 3 weeks, its influence was, in any case, limited.<ref name="Jędruch1982-188-189"/> However, for generations, the memory of the ConstitutionTemplate:Mdashrecognized by political scientists as a progressive document for its timeTemplate:Mdashhelped keep alive Polish aspirations for an independent and just society, and continued to inform the efforts of its authors' descendants.<ref name=mb/><ref name="Sanford"/> Bronisław Dembiński, a Polish constitutional scholar, wrote a century later that "The miracle of the Constitution did not save the state but did save the nation."<ref name=mb/> In Poland the Constitution is mythologized and viewed as a national symbol and as the culmination of the Enlightenment in Polish history and culture.<ref name="Sanford"/><ref name=Lukowski2009/> In the words of two of its authors, Ignacy Potocki and Hugo Kołłątaj, it was "the last will and testament of the expiring Homeland."Template:Efn<ref name="Machnikowski2010"/> Since Poland's recovery of independence in 1918, the 3 May anniversary of the Constitution's adoption has been observed as the country's most important civil holiday.<ref name=RKLJ/>
The 3 May Constitution was a milestone in the history of law and in the growth of democracy.<ref name=nd/><ref name="Markoff"/> The 18th-century Irish statesman Edmund Burke described it as "the noblest benefit received by any nation at any time ... Stanislas II has earned a place among the greatest kings and statesmen in history."<ref name="Constitutions2"/><ref name="Jędruch1982-180"/> The 3 May Constitution was the first to follow the 1788 ratification of the United States Constitution.<ref name="Markoff"/><ref name=ik/> Poland and the United States, though geographically distant from each other, showed similar approaches to the designing of political systems.<ref name="Markoff"/> The 3 May Constitution has been called the second constitution in world history.<ref name="LapointeWolenski2009"/><ref name="bardach304-305"/> Constitutional-law expert Albert Blaustein calls it the "world's second national constitution",<ref name=ab/> and Bill Moyers writes that it was "Europe's first codified national constitution (and the second oldest in the world)."<ref name="Moyers2009"/> Historian Norman Davies calls it "the first constitution of its type in Europe."<ref name=nd/>Template:Efn The 3 May Constitution and the Great Sejm that adopted it have been the subjects of a large body of works by Polish scholars, starting with the still often cited 19th-century works of Walerian Kalinka and Władysław Smoleński, and continued in the 20th century by Bogusław Leśnodorski.<ref name=Lukowski2009>Template:Cite journal</ref>
The document's official name was Ustawa Rządowa ("Government Act"), where "government" referred to the political system.<ref name=bardach304-305/> In the Commonwealth, the term "constitution" (Polish: konstytucja) had previously denoted all the legislation, of whatever character, that had been passed by a given Sejm.<ref name="Kowalski2009"/>
HolidayEdit
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3 May was declared a Polish holiday (Constitution DayTemplate:MdashŚwięto Konstytucji 3 Maja) on 5 May 1791.<ref name=rsuw/> The holiday was banned during the partitions of Poland but reinstated in April 1919 under the Second Polish RepublicTemplate:Mdashthe first holiday officially introduced in the newly independent country.<ref name=RKLJ/><ref name=rsuw/><ref name=ipo/> 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.<ref name=RKLJ/> The 1946 anti-communist demonstrations did not endear it to the Polish communists, and it competed for attention with the communist-endorsed 1 May Labor Day celebrations in the Polish People's Republic; this led to its "rebranding" as Democratic Party Day and removal from the list of national holidays by 1951.<ref name=RKLJ/><ref name=rsuw/> Until 1989, 3 May was a frequent occasion for anti-government and anti-communist protests.<ref name=RKLJ/> 3 May was restored as an official Polish holiday in April 1990 after the fall of communism.<ref name=rsuw/> 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.<ref name=chic/>
NotesEdit
ReferencesEdit
Further readingEdit
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- Template:Cite book – compilation of facsimile reprints of 1791 legislation pertinent to the Constitution of 3 May 1791.
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External linksEdit
Template:Sister project Template:Sister project Template:Sister project
- Photos of original document
- Polishconstitution.org – about the 3 May 1791 Constitution, includes a partial English translation by Christopher Kasparek.
- Collection of digitized versions of the 3 May 1791 Constitution and various related documents in the Digital National Library Polona.
- Official web page about Constitution of 3 May Template:Webarchive (in English)
Template:Polish-Lithuanian Union Template:Authority control Template:Good article