Polish Constitution of May 3, 1791

The end of the 18th century produced three constitutions that provided the basis for modern democratic government. The American Constitution of September 17, 1787 was the first. The second in the world and the first in Europe was the Polish Constitution of May 3, 1791, preceding the French September Constitution by several months. The American Constitution was forged in the fire of the American War of Independence, and the French was produced by the Revolution. By contrast, the Polish Constitution bloomed from bloodless changes effected by forces striving to recover independence and sovereignty of the nation.

In the 16th and the first half of the 17th centuries the Commonwealth, composed of the Crownland of Poland and the Grand Duchy of Lithuania, was a strong European power. However, in the course of time the Commonwealth became dependent on its powerful neighbors - Prussia, Austria and Russia. Its republican system gradually deteriorated into anarchy. Attempts to lift the country form its downfall started in 1764 with the election of Stanislaus Augustus Poniatowski to the Polish throne. The new king aimed at creating a civilisational, cultural, economic and military rebirth of the state, and at gaining independence from Russia.

Although Stanislaus Augustus was formerly favored by the Russian Empress Catherina II, his political aims were not aligned with the Empress's plans. Consecutive attempts at reforms in Poland were subverted by Russia. Russian interventions and the dislike towards the king among a major part of the magnates and conservative gentry opposing reforms led to the Confederacy of Bar in 1768. The gentry fought under the flag of the Confederacy, defending their privileges and trying to overthrow the king and to prevent reforms. The fall of the Confederacy in 1772 brought about the First Partition of Poland, meaning a loss of 1/3 of the territory and population to Russia, Prussia and Austria.

The partition of the Commonwealth did not discouraged political life. The King and the Seym (house of representatives) continued to strive for reforms. Work on the future constitution accelerated early in 1791. A broad propaganda campaign was launched. The draft of the Bill on Government (which is the official name of the Constitution) came on the agenda on May 3, 1791 on the second day after the Easter parliamentary holiday when many deputies were still absent.
The king and the leaders made the supporters of the reform arrive early in the capital. The idea was to surprise the antagonists and to make it impossible for them to prevent passing the bill by force. The royal guards were positioned near the royal castle where the seym gathered while the neighboring square and adjacent streets were filled by the people of Warsaw who supported the changes. The draft constitution had a sweeping majority in the seym. After six hours of heated discussion, the king swore the constitution and then everybody passed to the nearby Cathedral of St. John for thanksgiving prayers and singing Te Deum Laudamus. These events were accompanied by an enormous enthusiasm of the gathered crowds. On May 5, the seym completed the formalities, legalizing the constitution unanimously.

The Constitution of May 3 established a constitutional monarchy, abolished elections of kings, and enacted a hereditary throne. Executive authority was vested in the king, who was to preside over a council of ministers. The council was responsible to the seym which consisted of 204 men elected by the landed nobility. Royal towns were granted self-government, and considerable rights were given to the burghers. The power of high aristocrats was reduced, while the privileged position of the gentry was maintained. Peasants were assured the protection of the law and of the country's government which paved the way to more significant changes in the future. The provision of an obligatory review of the Bill on Government every 25 years was a novelty. The constitution did not close the process of reforms, but only its certain stage. The Roman Catholic Faith was considered the reigning religion, however, other denominations were assured tolerance. May 3rd was declared a national holiday.

The reaction of some European countries was favorable, and public opinion supported the Polish reforms. In countries like England, the peaceful character of the Polish constitution was favorably compared to the events in France. On the other hand, the democratic sentiments reflected in the reforms aroused fears in the neighboring empires of Russia and Prussia. In 1793, Russia and Prussia brought about the Second Partition of Poland.

The Poles could not accept this situation, nor the prospect of a total collapse of the state. This condition precipitated the Insurrection of 1794 under the leadership of Tadeusz Kosciuszko. Ultimately the insurrection was crushed, and was followed by the Third Partition of Poland, eradicating the Polish state.

Nevertheless, the May 3rd Constitution had a tremendous impact on the nation, and its spirit endured all the way into the 20th century. That, and the strong traditions and national consciousness helped the nation divided among the three partitioning powers to endure through a 123-year-long period of enslavement. These concepts stimulated the struggle for independence which came only after the end of World War I in 1918.

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Text prepared by Adam G. Saling.
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