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132-621: The Sejm's great achievement was the adoption of the Constitution of 3 May 1791 , often described as Europe's first modern written national constitution, and the world's second, after the United States Constitution . The Polish Constitution was designed to redress long-standing political defects of the federative Polish-Lithuanian Commonwealth and its system of Golden Liberties . The Constitution introduced political equality between townspeople and nobility and placed

264-640: A bicameral legislature. 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." 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

396-564: A de facto protectorate. "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. The contacts of Polish reformers with the Revolutionary French National Assembly were seen by Poland's neighbors as evidence of a revolutionary conspiracy and

528-790: 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 . The Constitution called for the preparation of a new civil and criminal code , tentatively called the Stanisław August Code . The King also planned a reform improving the situation of the Jews. The constitutional formal procedures were performed for little over

660-462: A constitutional document. Overall, the first two years of the Sejm passed with few major reforms, and it was the second half of the Sejm duration that brought major changes. The elections of autumn 1790 resulted in a new group of deputies joining those already elected. A second Marshal of the Sejm was elected ( Kazimierz Nestor Sapieha ). As Małachowski was seen as associated with the reformers, Sapieha

792-554: 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. Russian armies entered Poland and Lithuania, starting the Polish–Russian War of 1792 . 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

924-505: A goal. The Polish King and the reformers could field only a 37,000-man army, many of them untested recruits. 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. Despite Polish requests, Prussia refused to honor its alliance obligations. Stanisław August's attempts at negotiations with Russia proved futile. As

1056-596: A lackey of Russia and Catherine, and formed a confederation at the town of Bar . The Bar Confederation focused on limiting the influence of foreigners in Commonwealth affairs, and being pro-Catholic was generally opposed to religious tolerance . It began a civil war to overthrow the King, but its irregular forces were overwhelmed by Russian intervention in 1772. The defeat of the Bar Confederation set

1188-513: A major cause of the Commonwealth's downfall was the peculiar parliamentary institution of the liberum veto ("free veto"), which since 1652 had in principle permitted any Sejm deputy to nullify all the legislation that had been adopted by that Sejm. By the early 18th century, the magnates of Poland and Lithuania controlled the state – or rather, they managed to ensure that no reforms would be carried out that might weaken their privileged status (the " Golden Freedoms "). The matters were not helped by

1320-571: A majority of both chambers voting jointly. The Senate had a suspensive veto over laws that the Sejm passed, valid until the next Sejm session, when it could be overruled. Article VI recognized the Prawo o sejmikach , the act on regional assemblies ( sejmiks ) passed on 24 March 1791. By reducing the enfranchisement of the noble classes, this law introduced major changes to the electoral ordinance . Previously, all nobles had been eligible to vote in sejmiks , which de facto meant that many of

1452-434: A minister. The King was the nation's commander-in-chief ; there is no mention of hetman s (the previous highest-ranking military commanders). The King had the right to grant pardons , except in cases of treason . The royal council's decisions were implemented by commissions, whose members were elected by the Sejm. The Constitution changed the government from an elective to a hereditary monarchy . This provision

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1584-633: A new legal code . 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 of many of their legal immunities. The Code would also have improved the situation of non-nobles—townspeople and peasants. Zamoyski's progressive legal code, containing elements of constitutional reform, met with opposition from native conservative szlachta and foreign powers;

1716-575: A new constitution for a new Poland. Mably had submitted his recommendations ( The Government and Laws of Poland ) in 1770–1771; Rousseau had finished his Considerations on the Government of Poland in 1772, when the First Partition was already underway. Notable works advocating the need to reform and presenting specific solutions were published in the Commonwealth itself by Polish-Lithuanian thinkers such as: Also seen as crucial to giving

1848-482: A new constitution for a reformed Poland. 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. 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

1980-513: A quasi-coup d'état: recall notices were not sent to known opponents of reform, while many pro-reform deputies arrived early and in secret, and the royal guard were positioned about the Royal Castle, where the Sejm was gathered, to prevent Russian supporters from disrupting the proceedings. On 3 May the Sejm met with only 182 members present, about a half of its "dual" number (or a third, if one was to count all individuals eligible to take part in

2112-833: A statesman respected both by most factions, was elected as the Marshal of the Sejm . Many supporters of the reforms were gathered in the Patriotic Party . This group received support from all strata of Polish-Lithuanian society, from societal and political elites, including some aristocratic magnates, through Piarist and Enlightened Catholics , to the radical left. The Party's conservative, or right, wing, led by progressive magnates such as Ignacy Potocki , his brother Stanisław Kostka Potocki and Prince Adam Kazimierz Czartoryski , sought alliance with Prussia and advocated opposing King Poniatowski. The Patriotic Party's centrists, including Stanisław Małachowski, wished accommodation with

2244-466: A threat to the absolute monarchies. 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. Magnates who had opposed the constitution draft from

2376-533: A violent overthrow of the old order. Reforms were opposed by conservative elements, including the Hetmans' Party . The reform's advocates, threatened with violence from their opponents, managed to move debate on the new constitution forward by two days from the original 5 May, while many opposed deputies were still away on Easter recess. The ensuing debate and adoption of the Constitution of 3 May took place in

2508-572: 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. 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. Russia had viewed Poland as

2640-589: Is an essay by Swiss philosopher Jean-Jacques Rousseau concerning the design of a new constitution for the people of Poland (or more exactly, the Polish–Lithuanian Commonwealth ). It represents Rousseau's last venture into political theory . To many readers, The Government of Poland is surprising in the degree to which its recommendations sometimes defy the principles expressed in Rousseau's more famous work, The Social Contract . Contrary to

2772-747: Is considered Rousseau's most important political commentary, his attempts in The Government of Poland to apply the principles described The Social Contract to concrete problems elucidate the major work. Besides The Government of Poland , the only other work in which he attempts this is the Constitutional Project for Corsica [1] (see also Corsican Constitution ), a work which is only fragmentary. Thus, The Government of Poland provides perhaps our best perspective on how Rousseau believed his overarching principles could be applied to realistic situations. As Rousseau's last political work,

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2904-649: The Cardinal Laws . 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. 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

3036-494: The Commission of National Education ( Komisja Edukacji Narodowej )—the first ministry of education in the world. New schools were opened, uniform textbooks were printed, teachers received better education and poor students were provided with scholarships. The Commonwealth's military was to be modernized and funding to create a larger standing army was agreed. Economic and commercial reforms—including some intended to cover

3168-658: The Convocation Sejm of 1764 and the election that year of the Commonwealth's last king, 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

3300-683: 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. The Mutual Pledge strengthened the Polish–Lithuanian union while keeping many federal aspects of the state intact. The manuscript in Lithuanian language of

3432-634: The Familia or the King were implemented during and after the 1764 Sejm. 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. With the Commonwealth Army reduced to around 16,000, it was easy for its neighbors to intervene directly—the Imperial Russian Army numbered 300,000 and

3564-621: The Friends of the Constitution ( Zgromadzenie Przyjaciół Konstytucji Rządowej )—which included many participants in the Great Sejm—was 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. The response to the new constitution was less enthusiastic in the provinces, where the Hetmans' Party enjoyed considerable influence. General support among

3696-581: The House of Wettin , which had provided the two kings before Stanisław August. This provision was contingent upon Frederic Augustus' consent. He declined when Adam Czartoryski offered him the throne. Discussed in Article ;VIII, the judiciary was separated from the two other branches of the government, and was to be served by elective judges. Courts of first instance existed in each voivodeship and were in constant session, with judges elected by

3828-588: 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. Until 1989, 3 May was a frequent occasion for anti-government and anti-communist protests. 3 May was restored as an official Polish holiday in April 1990 after

3960-554: The Polish-Lithuanian union , while keeping many federal aspects of the state intact. The Sejm was disbanded on 29 May 1792. On that day, soon after learning that the Russian army had invaded Poland , the Sejm gave the commander-in-chief position to the king, and voted to end the session. Soon afterwards, the Friends of the Constitution , regarded as the first Polish political party, and including many participants of

4092-663: The Prussian Army and Imperial Austrian Army had 200,000 each. 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. Catherine and Frederick declared their support for

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4224-509: The Roman Catholic faith as the "dominant religion" but guaranteed tolerance and freedom to all religions. It was less progressive than the 16th-century Warsaw Confederation , and placed Poland clearly within the Catholic sphere of influence. 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. Article III stipulated that

4356-519: The Warsaw Confederation (1704) , Sandomierz Confederation , Tarnogród Confederation , Dzików Confederation and the War of the Polish Succession . Only 8 out of 18 Sejm sessions during the reign of Augustus II (1694–1733) passed legislation. For 30 years during the reign of Augustus III, only one session was able to pass legislation. The government was near collapse, giving rise to

4488-471: 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 . Those conflicts often took the form of confederations—legal rebellions against the king permitted under the Golden Freedoms—including

4620-511: The fall of communism . 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 . Considerations on the Government of Poland Considerations on the Government of Poland — also simply The Government of Poland or, in the original French, Considérations sur le gouvernement de Pologne (1782) —

4752-643: The liberum veto . Concurrent world events appeared to have been opportune for the reformers . Russia and Austria were at war with the Ottoman Empire , and the Russians found themselves simultaneously fighting in the Russo-Swedish War, 1788–1790 . 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

4884-434: The peasants under the protection of the government, thus mitigating the worst abuses of serfdom . The Constitution abolished pernicious parliamentary institutions such as the liberum veto , which at one time had placed a sejm at the mercy of any deputy who might choose, or be bribed by an interest or foreign power, to undo all the legislation that had been passed by that sejm . The 3 May Constitution sought to supplant

5016-527: The szlachta and their "liberties", and by October 1767 Russian troops had assembled outside Warsaw in support of the conservative Radom Confederation . 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

5148-471: The " nobles' democracy ." The 1791 Constitution was a response to the increasingly perilous situation in the Polish–Lithuanian Commonwealth , which had been a major European power only a century earlier and was still the largest state on the continent. In the 1590s, at the peak of the nobles' democracy, King Sigismund III Vasa 's court preacher—the Jesuit Piotr Skarga —had condemned

5280-407: The 1780 Sejm did not adopt it. 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. On its second day, the body became a confederated sejm to avoid

5412-559: The 1788 ratification of the United States Constitution. Poland and the United States, though geographically distant from each other, showed similar approaches to the designing of political systems. The 3 May Constitution has been called the second constitution in world history. Constitutional-law expert Albert Blaustein calls it the "world's second national constitution", and Bill Moyers writes that it

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5544-458: The 20th century by Bogusław Leśnodorski . The document's official name was Ustawa Rządowa ("Government Act"), where "government" referred to the political system. 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. 3 May was declared a Polish holiday (Constitution Day— Święto Konstytucji 3 Maja ) on 5 May 1791. The holiday

5676-719: The Assembled Estates) of 5 May 1791, confirming the Government Act adopted two days earlier, and the Zaręczenie Wzajemne Obojga Narodów ( Reciprocal Guarantee of Two Nations , i.e., of the Crown of Poland and the Grand Duchy of Lithuania ) of 22 October 1791, affirming the unity and indivisibility of Poland and the Grand Duchy within a single state, and their equal representation in state-governing bodies. The Mutual Declaration strengthened

5808-593: The Commonwealth must either reform or perish. In the last three decades preceding the Great Sejm, there was a rising interest among progressive thinkers in constitutional reform . Even before the First Partition, a Polish noble, Michał Wielhorski , an envoy of the Bar Confederation , had been sent to ask the French philosophes Gabriel Bonnot de Mably and Jean-Jacques Rousseau to offer suggestions on

5940-399: The Commonwealth's government for over a century. The threat of the liberum veto could only be overridden by the establishment of a " confederated sejm ", which was immune to the liberum veto . 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. By

6072-465: The Commonwealth's inhabitants and made it clear to progressive minds that the Commonwealth must either reform or perish. In the thirty years before the Constitution, there was a rising interest among progressive thinkers in constitutional reform. 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

6204-468: 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 . The Second Partition and Kościuszko's Proclamation of Połaniec in 1794 would later begin to abolish serfdom. Article V stated that "all power in civil society [should be] derived from

6336-752: 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

6468-467: The Constitution is mythologized and viewed as a national symbol and as the culmination of the Enlightenment in Polish history and culture. In the words of two of its authors, Ignacy Potocki and Hugo Kołłątaj , it was "the last will and testament of the expiring Homeland." Since Poland's recovery of independence in 1918, the 3 May anniversary of the Constitution's adoption has been observed as

6600-530: The Constitution was made and it was also later published in English-, French-, and German-language editions. The Constitution provided for potential amendments, which were to be addressed at an extraordinary Sejm to be held every 25 years. 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),

6732-632: The Czartoryskis. 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. 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. In part because his election had been imposed by Empress Catherine

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6864-634: The Education Commission—and 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. Council members also included—without a vote—the Crown Prince , the Marshal of the Sejm , and two secretaries. This royal council descended from similar councils that had functioned since King Henry's Articles (1573), and from

6996-472: 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. 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. On 3 May, the Sejm convened with only 182 members, about half its "dual" number. The bill

7128-541: 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 . These measures had already been authorized by the Convocation Sejm; more legislative and executive improvements inspired by

7260-521: The Great Sejm, including the Constitution of 3 May 1791. a A website dedicated to the genealogy of the Great Sejm participants, maintained by Marek Jerzy Minakowski , lists 484 participants. Those include the king, members of the Senate, and deputies elected in 1788 and 1790. Constitution of 3 May 1791 The Constitution of 3 May 1791 , titled the Government Act ,

7392-610: The Great Sejm, was formed to defend the reforms already enacted and to promote further ones. The response to the new Constitution was less enthusiastic in the provinces, where the Hetmans' Party exerted stronger influence. The Great Sejm's reforms were brought down by the Targowica Confederation and the intervention of the Russian Empire. On 23 November 1793 the Grodno Sejm annulled all the enactments of

7524-406: 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 ..." A third planned basic law was mentioned by Kołłątaj:

7656-543: The King. The liberal left wing (the Polish Jacobins ), led by Hugo Kołłątaj (hence also known as " Kołłątaj's Forge "), looked for support to the people of Warsaw . While King Poniatowski also supported some reforms, he was initially not allied with this faction, represented by Potocki, who preferred a republican form of a government. Events in the world appeared to play into the reformers' hands . Poland's neighbors were too occupied with wars to intervene forcibly in Poland, with Russia and Austria engaged in hostilities with

7788-572: The Laws being the newly established top governmental entity) and judicial branches. It advanced the democratization of the polity by limiting the excessive legal immunities and political prerogatives of landless nobility. Legislative power , as defined in Article VI, rested with the bicameral parliament (an elected Sejm and an appointed Senate) and the king. The Sejm met every two years, and when required by national emergency. Its lower chamber —the Chamber of Deputies ( Izba Poselska )—had 204 deputies (2 from each powiat , 68 each from

7920-405: The Life of Jan Zamoyski (1787), by Stanisław Staszic . Ignacy Krasicki 's satires of the Great Sejm era were also seen as crucial to giving the constitution moral and political support. A new wave of reforms supported by progressive magnates such as the Czartoryski family and King Stanisław August were introduced at the Partition Sejm. The most important included the 1773 establishment of

8052-436: The Ottoman Empire (the Russo-Turkish War and the Austro-Turkish War ); the Russians also found themselves fighting Sweden (the Russo-Swedish War ). At first, King Poniatowski and some reformers hoped to gain Russian support for the reforms; they attempted to draw Poland into the Austro-Russian alliance , seeing a war with the Ottomans as an opportunity to strengthen the Commonwealth. Due to internal Russian politics, this plan

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8184-407: The Prussian alliance with the Commonwealth, joining with Imperial Russia under Catherine the Great and the anti-reform Targowica Confederation of Polish magnates, to defeat the Commonwealth in the Polish–Russian War of 1792 . The 1791 Constitution was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793, though the Sejm's legal power to do so

8316-440: The Sejm and seats in the executive commissions of the Treasury, Police, and Judiciary. Membership in the nobility ( szlachta ) was also made easier for burghers to acquire. 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. Article IV placed

8448-424: 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 . 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. The new constitution

8580-440: 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. The first of the three successive 18th-century partitions of Commonwealth territory that would eventually remove Poland's sovereignty shocked

8712-403: The Sejm transformed itself into a confederated sejm to make it immune to the threat of the liberum veto . Russian tsarina Catherine the Great had issued the approval for the sejm confederation a while ago, at a point she was considering that the successful conclusion of this Sejm may be necessary if Russia would need Polish aid in the fight against the Ottoman Empire . Stanisław Małachowski ,

8844-416: The Targowica Confederation, as the Empress had demanded. 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. But the King had not saved the Commonwealth and neither had the Targowica Confederates, who governed

8976-505: 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. The Constitution of 3 May 1791 has been both idealized, and criticized for either not going far enough or being too radical. As its provisions remained in force for only 18 months and 3 weeks, its influence was, in any case, limited. However, for generations,

9108-408: 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]." 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

9240-434: The constitution for contributing to "contagion of democratic ideas" following "the fatal examples set in Paris ." 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." The Confederates declared an intention to overcome this revolution. We "can do nothing but turn trustingly to Tsarina Catherine,

9372-528: 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 . On 23 November 1793, it concluded its deliberations under duress, annulling the constitution and acceding to the Second Partition. Russia took 250,000 square kilometres (97,000 sq mi), while Prussia took 58,000 square kilometres (22,000 sq mi). The Commonwealth now comprised no more than 215,000 square kilometres (83,000 sq mi). What

9504-408: The country's most important civil holiday. The 3 May Constitution was a milestone in the history of law and in the growth of democracy. 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." The 3 May Constitution was the first to follow

9636-451: 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 security— neminem captivabimus , the Polish version of habeas corpus —was 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

9768-489: 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 ineffective monarchs who were elected to the Commonwealth throne in the early 18th century, Augustus II the Strong and Augustus III of Poland of the House of Wettin , did not improve matters. The Wettins, used to

9900-475: The entire Polish-Lithuanian Commonwealth that he would free the Polish peasants "from the unjust burdens and oppression." 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 . As the Sejm failed to implement sufficient reforms,

10032-552: The existing anarchy fostered by some of the country's reactionary magnates , with a more egalitarian and democratic constitutional monarchy . The reforms instituted by the Great Sejm and the Constitution of 3 May 1791 were undone by the Targowica Confederation and the intervention of the Russian Empire at the invitation of the Targowica Confederates. The reforms of the Great Sejm responded to

10164-656: The first in August 1770 and the second in July 1771. Generally, he called for more radical and substantial changes than Rousseau was to suggest; he was also able to finish his recommendations in a more timely fashion than Rousseau. It was not until 1772 that Rousseau completed his essay. By the time he finished, the First Partition of Poland had already occurred, on February 17, 1772. Russia, Prussia and Austria had invaded and occupied much of Poland. The Government of Poland

10296-600: 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. 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. On 24 July 1792, King Stanisław August Poniatowski joined

10428-452: The increased military budget previously shunned as unimportant by the szlachta —were introduced. 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. In 1776, the Sejm commissioned former chancellor Andrzej Zamoyski to draft

10560-428: The increasingly perilous situation of the Polish–Lithuanian Commonwealth , only a century earlier a major European power and indeed the largest state on the continent. By the 18th century the Commonwealth's state machinery became increasingly dysfunctional; the government was near collapse, giving rise to the term "Polish anarchy", and the country was managed by provincial assemblies and magnates. Many historians hold that

10692-402: The inefficient monarchs elected to the Commonwealth throne around the start of the 18th century, nor by neighboring countries, which were content with the deteriorated state of the Commonwealth's affairs and abhorred the thought of a resurgent and democratic power on their borders. The Enlightenment European cultural movement had gained great influence in certain Commonwealth circles during

10824-595: The law on towns, complemented this system. 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. Article X stressed the importance of education of royal children and tasked the Commission of National Education with this responsibility. The last article of the constitution, Article XI, concerned

10956-484: The local and particular circumstances of the country." However, Polish historians report the Constitution as having been described as "based mainly on the United States Constitution , but minus the latter's flaws, and adapted to Poland's circumstances." George Sanford writes that the Constitution of 3 May 1791 provided "a constitutional monarchy close to the English model of the time." Article I acknowledged

11088-487: 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. 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." In Poland

11220-417: The middle nobility was crucial and still very substantial; most of the provincial sejmiks deliberating in 1791 and early 1792 supported the constitution. 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

11352-447: The most important reform Poland could make would be the adoption of a federal system. Specifically, Rousseau advocates a federation of the existing voivodeships . In recommending the creation of smaller states, Rousseau recognizes the imminent First Partition with the words: "If you wish to reform your government, then, begin by narrowing your frontiers, though perhaps your neighbors intend to do that for you." While The Social Contract

11484-420: 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 szlachta 's exclusive right to hold office and land, and landowners' power over their peasants. Thus all the privileges ("Golden Freedoms") of the nobility that had made the Commonwealth ungovernable were guaranteed as unalterable in

11616-530: 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.) The ministers were responsible to the Sejm, which could dismiss them by a two-thirds vote of no confidence of both houses. Ministers could also be held accountable by the Sejm Court , where a simple-majority vote sufficed to impeach

11748-416: The national standing army. Said army was defined as a "defensive force" dedicated "solely to the nation's defense." The army was to be increased in strength to 100,000 men. 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 . Its full establishment, supported by Stanisław August and Kołlątaj,

11880-586: 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. After initial victories at the Battle of Racławice (4 April), the capture of Warsaw (18 April) and the Wilno (22 April)—the Uprising was crushed when the forces of Russia, Austria and Prussia joined in a military intervention. Historians consider

12012-431: 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

12144-481: The perception of Rousseau as a radical — a view again largely based on The Social Contract — in The Government of Poland Rousseau displays caution and conservatism: "Never forget, as you dream of what you wish to gain, what you might lose." In the early 1770s, the Polish–Lithuanian Commonwealth was in a particularly challenging situation, threatened by its neighbors on all sides, particularly Russia, Prussia and Austria. In an attempt to retain independence against

12276-450: The poorest, landless nobles—known as "clients" or "clientele" of local magnates—voted as the magnates bade them. 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. 300,000 of 700,000 previously eligible nobles were thus disfranchised . Voting rights were restored to landowners in military service. They had lost these rights in 1775. Voting

12408-401: The previously binding nature of their instructions to their Sejm deputies. The confederations were declared "contrary to the spirit of this constitution, subversive of government and destructive of society." Thus the new constitution strengthened the powers of the Sejm, moving the country towards a constitutional monarchy. Executive power , according to Article V and Article VII,

12540-520: The proceedings, including the Senate and the king ). The bill was read out and adopted overwhelmingly, to the enthusiasm of the crowds gathered outside. The work of the Great Sejm did not end with the passing of the Constitution. The Sejm continued to debate and pass legislation building on and clarifying that document. Among the most notable acts passed after the 3 May was the Deklaracja Stanów Zgromadzonych (Declaration of

12672-566: The provinces of Greater Poland , Lesser Poland and the Grand Duchy of Lithuania ) and 21 plenipotentiaries from royal cities (7 from each province). The royal chancellery was to inform the sejmiks of the legislation it intended to propose in advance, so deputies could prepare for the discussions. The Sejm's upper chamber —the Chamber of Senators ( Izba Senacka )—had between 130 and 132 (sources vary) senators ( voivodes , castellans , and bishops, as well as governments ministers without

12804-412: The recent Permanent Council. Acts of the King required the countersignature of the pertinent minister. 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

12936-610: The recently proclaimed policies. The Polish–Lithuanian Commonwealth had legally and practically become a protectorate of the Russian Empire. 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. King Stanisław August's acquiescence to the Russian intervention encountered some opposition. On 29 February 1768, several magnates—including Józef Pułaski and his young son Kazimierz Pułaski (Casimir Pulaski)—vowing to oppose Russian influence, declared Stanisław August

13068-433: The reform-minded Patriotic Party . The Sejm passed few major reforms in its first two years, but the subsequent two years brought more substantial changes. 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. While

13200-414: The reform-minded Patriotic Party. This alliance was also helped as the 1790 elections were more supportive of the royal faction then Potocki's; and the conservative faction gained enough new seats to threaten the reformers if they were to stay divided. With the mediation of Scipione Piattoli , Potocki and Poniatowski begun to reach a consensus on a more constitutional monarchy approach, and started to draft

13332-515: The reformers were supported by the burghers (townspeople), who in the Autumn of 1789 organized a Black Procession , demonstrating their desire to be part of the political process. Taking a cue from similar events in France, and with the fear that if burghers' demands were not met, their peaceful protests could turn violent, the Sejm on 18 April 1791 adopted a law addressing the status of the cities and

13464-459: The regional sejmik assemblies. Appellate tribunals were established for the provinces, based on the reformed Crown Tribunal and Lithuanian Tribunal . The Sejm elected from its deputies the judges for the Sejm Court, a precursor to the modern State Tribunal of Poland . Referendary courts were established in each province to hear the cases of the peasantry. Municipal courts, described in

13596-439: The reign (1764–95) of its last king, 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. 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

13728-404: The reign of its last king, Stanisław August Poniatowski (1764–95), which roughly coincided with the Enlightenment in Poland . In 1772, the First Partition of Poland , the earliest of the three successive 18th-century partitions of Commonwealth territory that eventually removed Poland from the map of Europe, shocked the inhabitants of the Commonwealth, and made it clear to progressive minds that

13860-523: The right to vote). The king presided over the Senate and had one vote, which could be used to break ties. 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. Specialized resolutions, including treaties of alliance, declarations of war and peace, ennoblements and increases in national debt, needed

13992-536: The rights of the burghers (the Free Royal Cities Act ). Together with the legislation on the voting rights (the Act on Sejmiks of 24 March 1791), it became incorporated into the final constitution. The new Constitution had been drafted by the king, with contributions from others, including Ignacy Potocki and Hugo Kołłątaj. The king is credited with authoring the general provisions, and Kołłątaj, with giving

14124-524: The scene for the partition treaty of 5 August 1772, which was signed at Saint Petersburg by Russia, Prussia, and Austria. The treaty divested the Polish–Lithuanian Commonwealth of about a third of its territory and population—over 200,000 km (77,220 sq mi) and 4 million people. The three powers justified their annexation, citing anarchy in the Commonwealth and its refusal to cooperate with its neighbors' efforts to restore order. King Stanisław August yielded and on 19 April 1773, he called

14256-569: 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. To that end these magnates formed the Targowica Confederation . The Confederation's proclamation, prepared in St. Petersburg in January 1792, criticized

14388-553: 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. As a result, deputies bribed by magnates or foreign powers—primarily from the Russian Empire , the Kingdom of Prussia and France , which had an ongoing revolution —or deputies who believed they were living in an unprecedented "Golden Age" paralysed

14520-485: The strongest branch of government. Kołłątaj wanted a "gentle" revolution, carried out without violence, to enfranchise other social classes in addition to the nobility. The proposed reforms were opposed by the conservatives, including the Hetmans' Party . 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. The debate and subsequent adoption of

14652-484: The superior military might of the three great powers, some Poles joined together to form the Bar Confederation . One member of the confederation, Michał Wielhorski , approached both Rousseau and Gabriel Bonnot de Mably to submit suggestions for the reformation of Poland's unique " Golden Liberty ", which had deteriorated from a semi-republican, semi-democratic political system into a state of virtual anarchy. Mably's recommendations were completed in two installments,

14784-456: The term "Polish anarchy", and the country was managed by provincial assemblies and magnates. 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. The Enlightenment greatly affected the thinking of influential Commonwealth circles during

14916-428: The upcoming reforms their moral and political support were Ignacy Krasicki 's satires of the Great Sejm era. A major opportunity for reform seemed to present itself during the sejm of 1788–92, which opened on 6 October 1788 with 181 deputies, and from 1790 – in the words of the 3 May Constitution's preamble – met "in dual number", when 171 newly elected Sejm deputies joined the earlier-established Sejm. On its second day

15048-462: The weaknesses of the Commonwealth. In the same period, writers and philosophers such as Andrzej Frycz Modrzewski and Wawrzyniec Grzymała Goślicki , and the egzekucja praw (Execution-of-the-Laws) reform movement led by Jan Zamoyski had advocated political reforms. 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

15180-410: The will of the people." The constitution referred to the country's "citizens," which for the first time included townspeople and peasants. 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

15312-456: The work its final shape. Poniatowski aimed for a constitutional monarchy similar to the one in England, with strong central government based upon a strong monarch. Potocki wanted to make the parliament (Sejm) the most powerful of the state's institutions, and Kołłątaj, for a "gentle" social revolution, enfranchising other classes in addition to the till-then dominant nobility, but doing so without

15444-535: Was "Europe's first codified national constitution (and the second oldest in the world)." Historian Norman Davies calls it "the first constitution of its type in Europe." 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

15576-403: Was "the last will and testament of the expiring Homeland". 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. By the 17th century, Poland's legal and political tradition

15708-403: 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

15840-539: Was banned during the partitions of Poland but reinstated in April 1919 under the Second Polish Republic —the first holiday officially introduced in the newly independent country. 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. The 1946 anti-communist demonstrations did not endear it to

15972-570: 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. This system, which primarily benefited the Polish nobility ( szlachta ), came to be known as

16104-414: Was drafted by the King, with contributions from Ignacy Potocki , Hugo Kołłątaj and others. The King is credited with writing the general provisions and Kołłątaj with giving the document its final shape. 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. Potocki wanted the Sejm to be

16236-538: 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 ). The ministries could not create or interpret laws, and all acts of the foreign ministry were provisional and subject to Sejm approval. The King presided over his council, which comprised the Roman Catholic Primate of Poland —who was also president of

16368-410: Was initially seen as a conservative, although he would later switch sides and join the reformers. The doubled number of deputies exceeded the capacity of the parliament chambers, and not all of the deputies could secure a seat; public interest also grew and the entire building and the observation galleries were often overcrowded. While the Sejm comprised representatives only of the nobility and clergy,

16500-538: Was intended to reduce the destructive influence of foreign powers at each election. The royal dynasty was elective, and if one were to cease, a new family would be chosen by the nation. The king reigned by the "grace of God and the will of the Nation," and "all authority derives from the will of the Nation." The institution of pacta conventa was preserved. On Stanisław August's death the Polish throne would become hereditary and pass to Frederick Augustus I of Saxony of

16632-613: 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. For a year and a half, Polish patriots waited while planning an insurrection. On 24 March 1794 in Kraków, Tadeusz Kościuszko declared what has come to be known as the Kościuszko Uprising . On 7 May, he issued the Proclamation of Połaniec ( Uniwersał Połaniecki ), granting freedom to

16764-464: Was limited to men aged at least 18. The eligible voters elected deputies to local powiat s, or county sejmiks, which elected deputies to the General Sejm. 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

16896-507: Was not implemented. Spurned by Russia, Poland turned to another potential ally, the Triple Alliance , represented on the Polish diplomatic scene primarily by the Kingdom of Prussia . This line of reasoning gained support from Polish politicians such as Ignacy Potocki and Adam Kazimierz Czartoryski. With the new Polish-Prussian alliance seeming to provide security against Russian intervention, King Poniatowski drew closer to leaders of

17028-421: Was not published until after Rousseau's death. The work is divided into fifteen chapters of greatly varying length. The original is in French, Rousseau's native language, but there exist translations into a number of languages. Among other issues, Rousseau addresses his belief that small states can prosper while large states slip into anarchy or despotism. He recommends that surpassing any constitutional reforms,

17160-667: Was opposed by many Lithuanian deputies. As a compromise, the Grand Duchy of Lithuania received numerous privileges guaranteeing its continued existence. 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

17292-411: Was questionable. 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

17424-512: Was read and overwhelmingly adopted, to the enthusiasm of the crowds outside. 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. 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. Soon after,

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