Constitution of 3 May 1791
Governance Act | |
---|---|
Created | 6 October 1788 – 3 May 1791 |
Ratified | 3 May 1791 |
Location | Central Archives of Historical Records, Warsaw |
Author(s) | |
Full text | |
Constitution of 3 May 1791 at Wikisource |
The Constitution of 3 May 1791,
The Constitution sought to implement a more effective
The 1791 Constitution was in force for less than 19 months.[2][3] It was declared null and void by the Grodno Sejm that met in 1793,[1][3] though the Sejm's legal power to do so was questionable.[3] The Second and Third Partitions of Poland (1793, 1795) ultimately ended Poland's sovereign existence until the close of World War I in 1918. Over those 123 years, the 1791 Constitution helped keep alive Polish aspirations for the eventual restoration of the country's sovereignty. 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."[c]
The Constitution of 3 May 1791 combined a monarchic republic with a clear division of executive, legislative, and judicial powers. It is generally considered Europe's first and the world's second modern written national constitution, after the
Background
Polish
End of Golden Age
The 1791 Constitution was a response to the increasingly perilous situation in the
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.
By the early 18th century, the
Other reform attempts in the Wettin era were led by individuals such as
Early reforms
The
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.[24] 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.[24]
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.
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
During the 1768 Sejm, Repnin showed his disregard for local resistance by arranging the abduction and imprisonment of
King Stanisław August's acquiescence to the Russian intervention encountered some opposition. On 29 February 1768, several magnates—including
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.[35] The treaty divested the Polish–Lithuanian Commonwealth of about a third of its territory and population—over 200,000 km2 (77,220 sq mi) and 4 million people.[37] The three powers justified their annexation, citing anarchy in the Commonwealth and its refusal to cooperate with its neighbors' efforts to restore order.[38] 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 treaty—later known as the First Partition of Poland—was ratified.[37]
The first of the three successive 18th-century
A new wave of reforms supported by progressive magnates such as the Czartoryski family and King Stanisław August were introduced at the Partition Sejm.[31][49][50] The most important included the 1773 establishment of the Commission of National Education (Komisja Edukacji Narodowej)—the first ministry of education in the world.[37][50][51][52] New schools were opened, uniform textbooks were printed, teachers received better education and poor students were provided with scholarships.[37][50] The Commonwealth's military was to be modernized and funding to create a larger standing army was agreed.[53] Economic and commercial reforms—including some intended to cover the increased military budget previously shunned as unimportant by the szlachta—were introduced.[49][50][53] 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.[31][37][49][50]
In 1776, the Sejm commissioned former chancellor Andrzej Zamoyski to draft a new
Constitution's adoption
An opportunity for reform occurred during the "Great Sejm"—also called the "Four-Year Sejm"—of 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.
The Sejm passed few major reforms in its first 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 final constitution. This act addressed a number of matters related to the cities, crucially expanding burghers' (i.e., townspeople's) 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 Sejm—fearing that the burghers' protests, if ignored, could turn violent, as they had in France not long before—adopted the Free Royal Cities Act.[66]
The new constitution was drafted by the King, with contributions from Ignacy Potocki, Hugo Kołłątaj and others.[31][47] The King is credited with writing the general provisions and Kołłątaj with giving the document its final shape.[47][58] 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.[58] 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.[58]
The proposed reforms were opposed by the conservatives, including the Hetmans' Party.[46][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'état. 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 King's nephew Prince Józef Poniatowski were positioned about the Royal Castle, where the Sejm was gathered, to prevent opponents from disrupting the proceedings.[68] On 3 May, 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 5 May the matter was officially concluded and protests were invalidated by the Constitutional Deputation of the Sejm.[70] 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.[70]
Soon after, the
Features
The Constitution of 3 May 1791 reflected
Article I acknowledged the
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.[59][76][77][79] Article IV placed the Commonwealth's peasantry under the protection of the national law—a 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.[77][79][80][f] The Second Partition and Kościuszko's Proclamation of Połaniec in 1794 would later begin to abolish serfdom.[82]
Article V stated that "all power in civil society [should be] derived from the will of the people."[6] The constitution referred to the country's "citizens," which for the first time included townspeople and peasants.[6][70] 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.[31][73][83] It advanced the democratization of the polity by limiting the excessive legal immunities and political prerogatives of landless nobility.[66][77][80][84]
Article VI recognized the Prawo o sejmikach, the act on regional assemblies (
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.[31][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.[31][65]
The Constitution changed the government from an elective to a hereditary monarchy.[31][65][92] This provision was intended to reduce the destructive influence of foreign powers at each election.[93][g] The royal dynasty was elective, and if one were to cease, a new family would be chosen by the nation.[88] The king reigned by the "grace of God and the will of the Nation," and "all authority derives from the will of the Nation."[31][80] The institution of pacta conventa was preserved.[89] On Stanisław August's death the Polish throne would become hereditary and pass to Frederick Augustus I of Saxony of the House of Wettin, which had provided the two kings before Stanisław August.[65][89] This provision was contingent upon Frederic Augustus' consent. He declined when Adam Czartoryski offered him the throne.[65][h]
Discussed in Article VIII, the judiciary was separated from the two other branches of the government,
Article IX covered procedures for
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.[47][99] Its full establishment, supported by Stanisław August and Kołlątaj, was opposed by many Lithuanian deputies.[99] As a compromise, the Grand Duchy of Lithuania received numerous privileges guaranteeing its continued existence.[99] 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.[100][75][101] The Mutual Pledge strengthened the Polish–Lithuanian union while keeping many federal aspects of the state intact.[99][102][103]
The Constitution was also published in English-, French-, and German-language editions. Also a manuscript in lithuanian language exists but it was made in the beginning of XIX century.[91]
The Constitution provided for potential amendments, which were to be addressed at an extraordinary Sejm to be held every 25 years.[65][85]
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 ..."[104] 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.[104] The Constitution called for the preparation of a new civil and criminal code, tentatively called the Stanisław August Code.[97][105] The King also planned a reform improving the situation of the Jews.[105]
Aftermath: war and final two Partitions
The constitutional formal procedures were performed for little over a year before being stopped by Russian armies allied with conservative Polish nobility in the
Magnates who had opposed the constitution draft from the start,
Russian armies entered Poland and Lithuania, starting the Polish–Russian War of 1792.[69] 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.[69][115] The Polish King and the reformers could field only a 37,000-man army, many of them untested recruits.[116] 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.[69] Despite Polish requests, Prussia refused to honor its alliance obligations.[117] Stanisław August's attempts at negotiations with Russia proved futile.[118] 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.[118] 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.[118] On 24 July 1792, King Stanisław 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 Stanisław August would be able to negotiate an acceptable compromise with the Russians, as he had done in the past.[118] 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][113][119] On 23 November 1793, it concluded its deliberations under duress, annulling the constitution and acceding to the Second Partition.[120][121] Russia took 250,000 square kilometres (97,000 sq mi), while Prussia took 58,000 square kilometres (22,000 sq mi).[119] The Commonwealth now comprised no more than 215,000 square kilometres (83,000 sq mi).[122] 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.[122][123]
For a year and a half, Polish patriots waited while planning an insurrection.
Legacy
Historic importance
The Constitution of 3 May 1791 has been both idealized, and criticized for either not going far enough or being too radical.[74] As its provisions remained in force for only 18 months and 3 weeks, its influence was, in any case, limited.[124] However, for generations, the memory of the Constitution—recognized by political scientists as a progressive document for its time—helped keep alive Polish aspirations for an independent and just society, and continued to inform the efforts of its authors' descendants.[6][31] 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."[6] In Poland the Constitution is mythologized and viewed as a national symbol and as the culmination of the Enlightenment in Polish history and culture.[31][44] In the words of two of its authors, Ignacy Potocki and Hugo Kołłątaj, it was "the last will and testament of the expiring Homeland."[c][2] 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.[125]
The 3 May Constitution was a milestone in the history of law and in the growth of democracy.
The document's official name was Ustawa Rządowa ("Government Act"), where "government" referred to the political system.[58] 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.[132]
Holiday
3 May was declared a Polish holiday (Constitution Day—Święto Konstytucji 3 Maja) on 5 May 1791.
Notes
- ^ Polish: Konstytucja 3 maja; Lithuanian: Gegužės trečiosios konstitucija ⓘ
- ^ Polish: Ustawa Rządowa
- ^ fatherland": both these words are calques of the Latin "patria," which itself derives from the Latin "pater" ("father"). The English translation of the Constitution of 3 May 1791, by Christopher Kasparek, reproduced in Wikisource (e.g. at the end of section II, "The Landed Nobility") renders "ojczyzna" as "country", which is the usual English-language equivalentof the expression. In this particular context, "Homeland" may be the most natural rendering.
- ^ history of the constitution.
- ^ In the original Polish, "opartą w głównej mierze na konstytucji Stanów Zjednoczonych, lecz bez błędów w niej zawartych, zaadaptowaną do warunków panuiących w Polszcze."
- United States Constitution sanctioned the continuation of slavery. Thus neither of the two constitutions enfranchised all its adult male population: the U.S. Constitution excluded the slaves; the Polish-Lithuanian Constitution – the peasants.[81]
- Stanisław August had been elected in 1764 due to support from Russian Tsarina Catherine the Great.[94] Russia spent about 2.5 million rubles to support his election, Poniatowski's supporters and opponents engaged in military posturing and even minor clashes. The Russian army was deployed a few miles from the election sejm, which met at Wola near Warsaw.[95][96]
- ^ In 1807, Napoleon persuaded Frederic Augustus to become the king of the Duchy of Warsaw established by the French Emperor on lands of the former Commonwealth.[47]
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The first European country to follow the U.S. example was Poland in 1791.
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- ^ a b c d "Konstytucja 3 Maja – rys historyczny" [Constitution of 3 May – Historical Overview] (PDF) (in Polish). City of Warsaw. Retrieved 4 July 2011.
- ^ Iwona Pogorzelska (2002). "Prezentacja na podstawie artykułu Romany Guldon "Pamiątki Konstytucji 3 Maja przechowywane w zasobie Archiwum Państwowego w Kielcach."" [Presentation on the basis of Romana Guldon's article "Relics of Constitution of 3 May kept in the collections of National Archives in Kielce] (in Polish). Almanach Historyczny, T. 4, Kielce. Retrieved 4 July 2011.[permanent dead link]
- ^ "Thousands Attend Polish Constitution Day Parade". CBS. 7 May 2011. Retrieved 4 July 2011.
Further reading
- Blackburn, Edwin C. (1991). "Stanislaus Leszczynski and the Polish Constitution of 3 May 1791". The Polish Review. 36 (4): 397–405. JSTOR 25778592.
- Butterwick, Richard (2005). "Political Discourses of the Polish Revolution, 1788–92". The English Historical Review. 120 (487): 695–731. JSTOR 3489412.
- Duzinkiewicz, Janusz (1993). Fateful Transformations: The Four Years' Parliament and the Constitution of 3 May 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, Józef Andrzej (1996). The Polish-Lithuanian 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': Jefferson Views Poland". The Quarterly Journal of the Library of Congress. 33 (1): 29–46. JSTOR 29781662.
- Kadziela, Łukasz; Strybel, Robert (1994). "The 1794 Kościuszko Insurrection". The Polish Review. 39 (4): 387–392. JSTOR 27920649.
- Lukowski, Jerzy (1999). The Partitions of Poland: 1772, 1793, 1795. London: Longman. ISBN 0-582-29274-3.
- Lukowski, Jerzy (2004). "Political Ideas among the Polish Nobility in the Eighteenth Century (To 1788)". The Slavonic and East European Review. 82 (1): 1–26. S2CID 152232265.
- Murphy, Curtis G. (2012). "Burghers versus Bureaucrats: Enlightened Centralism, the Royal Towns, and the Case of the Propinacja Law in Poland-Lithuania, 1776–1793". Slavic Review. 71 (2): 385–409. .
- Polska (1985). Ustawodawstwo Sejmu Wielkiego z 1791 r [Legislation of the Great Sejm of 1791] (in Polish). Polska Akad. Nauk, Bibl. Kórnicka. Retrieved 18 June 2012. – compilation of facsimile reprints of 1791 legislation pertinent to the Constitution of 3 May 1791.
- Emanuel Rostworowski (1985). Maj 1791-maj 1792—rok monarchii konstytucyjnej [May 1791 – May 1792: the Year of Constitutional Monarchy] (in Polish). Zamek Królewski w Warszawie. ISBN 978-83-00-00961-9. Retrieved 18 June 2012.
- Stone, Daniel (1981). "Daniel Hailes and the Polish Constitution of 3 May 1791". The Polish Review. 26 (2): 51–63. JSTOR 25777821.
- Stone, Daniel (1993). "The First (and Only) Year of the 3 May Constitution". Canadian Slavonic Papers. 35 (1/2): 69–86. JSTOR 40869459.
External links
- 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 Archived 29 September 2022 at the Wayback Machine (in English)