Constitution of 3 May 1791

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.

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.

[10] 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.

"[11] As he was struggling with the Sejm, in 1661 John Casimir—whose reign saw highly destructive wars and obstructionism by the nobility—correctly predicted that the Commonwealth was in danger of a partition by Russia, Brandenburg and Austria.

[16] 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.

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 opponents—including another pretender to the Polish throne, King Stanisław Leszczyński.

[22] 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.

[21][22][23] 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.

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.

[37] 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.

[47][48][51] 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.

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 of many of their legal immunities.

[52] 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.

[29][57][58][59] 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.

[62][63] 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.

[44][65] 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.

[70] 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.

"[63] 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.

[75] 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.

[78] The king and all deputies had legislative initiative, and most matters—known as general laws, and divided into constitutional, civil, criminal, and those for the institution of perpetual taxes—required a simple majority, first from the lower chamber, then the upper.

[79] 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.

[62] Previously, all nobles had been eligible to vote in sejmiks, which de facto meant that many of the poorest, landless nobles—known as "clients" or "clientele" of local magnates—voted as the magnates bade them.

[97] 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.

[105] "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.

[106][109] 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 privileges—the Cardinal Laws abolished under the new statute.

[67] 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.

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.

[116] 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.

[122] 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.

[124][125] 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.

Constitution of 3 May 1791 , by Matejko . Foreground: King Stanisław August ( left ) enters St John's Cathedral , in Warsaw , where deputies will swear to uphold the Constitution. Background: the Royal Castle , where the Constitution has just been adopted.
King Stanisław August Poniatowski , principal author of the Constitution of 3 May 1791. A year later, he acquiesced in its demise; this was seen by Constitution defenders as high treason , per the Constitution's Article VII and section six ( sexto ) of Article VIII, and per the Declaration of the Assembled Estates, of 5 May 1791.
In September 1773, Tadeusz Rejtan (on floor, lower right ) tries to prevent ratification of the First Partition of the Polish–Lithuanian Commonwealth by barring other Sejm deputies from entering the Sejm chamber. Painting Rejtan , by Matejko .
From his election, King Stanisław August Poniatowski worked to develop an executive government council . In 1775 the Partition Sejm established a Permanent Council , after Russia 's Catherine the Great concluded it would serve her purposes. [ 46 ]
Senate Chamber of Warsaw's Royal Castle , where the Constitution of 3 May 1791 was adopted. Painting by Kazimierz Wojniakowski , 1806.
Royal Castle Senate Chamber, reconstructed after destruction in World War II
3 May Constitution, printed in Warsaw , 1791
Manuscript of the 3 May Constitution in Lithuanian [ 89 ]
English edition, London , 1791
Ruined chapel containing cornerstone for Temple of Divine Providence , laid 3 May 1792 by King Stanisław August Poniatowski and his brother, the Catholic Primate of Poland Michał Jerzy Poniatowski , to commemorate the Constitution of 3 May 1791. Work on Temple had only begun when Poland was invaded by Russian Imperial Army. Chapel is now within Warsaw University Botanical Garden.
Medal commemorating the Constitution of 3 May 1791, issued that year