The Polish Constitution of May 3, 1791
"Nothing doth more hurt in a state than that cunning men pass for wise."—Sir Francis Bacon
" . . . It is the entire Bill of Rights and the entire Constitution that does guarantee and safeguard
the independence of every individual citizen."—Elohim Heros and Amora, July 6, 1989
The American Constitution was forged in the fire of the American War of Independence, the French one was a result of the Revolution, while the Polish Constitution grew out of bloodless changes effected by forces striving to recover independence of their own state and sovereignty of their nation as well as to enable development of the country predetermining effective protection of its independence.
The Commonwealth—the
Polish-Lithuanian state (composed of the Crown—Poland and the Grand
Duchy of Lithuania) was a major European power during the XVIth and the
first half of the XVIIth centuries. However, it became dependent on its
neighbors—Prussia, Austria and Russia in particular—during
the XVIIIth century. Polish republican system, though efficient earlier,
degenerated into anarchy. Enlightened citizens raised their voices calling
for reforms during the first half of the XVIIIth century.
Attempts to stop the country's downfall began with the new king, Stanislaus
Augustus Poniatowski, elected in 1764. Although his election was conducted
at the presence of the Russian army, the new king, a former favorite of
the Russian Empress Catherine II, aimed, contrary to her intentions, at
a civilised, cultured, economic and military rebirth of the state and
at gaining independence from Russia and changing relations with the country
from vassal to partnership.
Consecutive attempts at reforms were subverted by Russia. Russian interventions
and the dislike towards the king among a major part of magnates and conservative
gentry opposing reforms led to Confederacy of Bar in 1768. The gentry
fought under the flag of the Confederacy, defending their faith and freedom
and trying to overthrow the king and to prevent reforms. The fall of the
Confederacy in 1772 brought about the First Partition of Poland and a
loss of 1/3 of the territory and population to Russia, Prussia and Austria.
The First Partition made the need for far reaching changes necessary to save the country obvious to broad circles of the gentry. Vigorous political life was reflected in the development of political writings and polemics regarding the future of the country. The international situation of the late seventeen eighties proved favorable for the reformers.
The 4-year Seym (called so for the period of its activity) commenced its deliberations on October 6, 1788 meeting at six-week sessions. The atmosphere was patriotic. Among the anti-royal leaders were defenders of the old system—Franciszek Ksawery Branicki, Rzewuski and Stanislaw Szczesny Potocki, as well as ardent partisans of reforms including Ignacy Potocki, Adam Kazimierz Czartoryski and Hugo Kollataj—who was one of the most active proponents of changes. They called themselves a patriotic party.
The work on the future
constitution accelerated early in 1791. A reform of towns was introduced.
On April 18, 1791 the Seym passed the bill on royal towns (exclusive of
private towns) which was later incorporated in the Constitution of May
3. Towns were granted self-government and the burghers obtained rights
and privileges similar to those enjoyed by the gentry. Meanwhile, the
leaders of the patriotic party launched a nation-wide campaign to solicit
general public support.
The draft of the Bill on Government (the official name of the Constitution)
came up for the vote on May 3, 1791—the second day after Easter
parliamentary holiday when many deputies were absent. The king and the
leaders arranged for the supporters of the reform to arrive early in the
capital. The idea was to surprise the antagonists and stop them from opposing
the bill. The royal guards were positioned near the Royal Castle where
the Seym gathered while the neighboring square and the adjacent streets
were filled with the crowds of 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 in. Following
this historical act, everybody went to a nearby church for thanksgiving
prayers and singing Te Deum laudamus, while the overwhelming enthusiasm
of the gathered crowds resounded outside. On May 5, the Seym completed
the formalities, unanimously legalising the new Constitution. The Seym
also passed the Declaration of the Gathered Estates (i.e. of the Seym),
confirming the Bill on Government.
The Constitution of
May 3 established constitutional monarchy, abolished elections of kings
introducing hereditary throne, established government called the Guardian
of Laws and introduced direct responsibility of the ministers to the Seym.
Catholicism was accepted as the predominant religion, while other denominations
were assured full tolerance. The privileged position of the gentry was
maintained while considerable rights were granted to burghers.
It was declared that the peasants were assured a protection of the law
and of the country's government which paved the way for some more significant
changes in the future. Peasants
were recognised as a part of the nation for the first time in the Polish
history which was clearly stated in the article on peasants and on the
army. The provision on an obligatory review of the Bill on Government
every 25 years was a novelty. May 3 was declared a national holiday. The
Constitution did not end the process of reforms but only its preliminary
stage. The work on further changes was commenced within days.
Reaction of many European
courts was favorable and public opinion in many countries supported the
Polish changes. In countries like England, the peaceful character of the
Polish revolution was favorably compared to the events in France. In the
meantime the future of the reform and the fate
of Poland was under attack. In 1793, Russia and Prussia effected the Second
Partition of Poland.
The prospect of total collapse of the state was unacceptable to the Poles. The Insurrection of 1794 led by Tadeusz Kosciuszko did not formally re-establish the Constitution of May 3. It nevertheless resulted in much deeper reforms, especially concerning the situation of peasants, while the governmental system was adjusted to the current political and war needs.
After the downfall of the Insurrection and the Third Partition of Poland eliminating the Polish state, traditions, legends and myths of the Constitution of May 3 continued. They developed and strengthened the national consciousness and helped the nation divided among the three partitioning powers to last through 123-year-long period of enslavement combined with attempts at a denationalisation of the Poles. Constituion of May 3 became a clarion call for the Polish freedom fighters till the end of nineteen eighties.
The Solidarity honored the memory of the Bill on Government and after the totalitarian system was overthrown in the parliamentary elections of June 1989, the Seym of the Republic of Poland, at the request of the Senate, re-established the observance of May 3 Constitution Day on April 6, 1990.
"One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors."—Plato
"The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution, which at any time exists, 'till changed by an explicit and authentic act of the whole People is sacredly obligatory upon all."—George Washington
"Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action."—George Washington
"The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government."—Alexander Hamilton (1787)
"A government ought to contain in itself every power requisite to the full accomplishment of the objects committed to its care, and to the complete execution of the trusts for which it is
responsible, free from every other control but a regard to the public good and to the sense of the people."—Alexander Hamilton
"The history of ancient and modern republics had taught them that many of the evils which those republics suffered arose from the want of a certain balance, and that mutual control indispensable to a wise administration. They were convinced that popular assemblies are frequently misguided by ignorance, by sudden impulses, and the intrigues of ambitious men; and that some firm barrier against these operations was necessary. They, therefore, instituted your Senate."—Alexander Hamilton (speech to the New York Ratifying Convention, June 1788)
"Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice without constraint."—Alexander Hamilton
"As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust: So there are other qualities in human nature, which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form. Were the pictures which have been drawn by the political jealousy of some among us, faithful likenesses of the human character, the inference would be that there is not sufficient virtue among men for self-government; and that nothing less than the chains of despotism can restrain them from destroying and devouring one another."—James Madison (Federalist No. 55, 15 February 1788)
"Charity is no part of the legislative duty of the government."—James Madison
"What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them...the success of the usurpation will depend on the executive and judiciary departments, which are to
expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers."—James Madison (Federalist No. 44, 25 January 1788)
"The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust."—James Madison
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