[70], Soon after, 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. 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. [77] 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. 3. Gary Kates. Before the 18th century, monarchical and absolutist governments acted without any written constitution. This would prevent or limit the abuses and injustices of the old order. [46][57][58] Concurrent world events appeared to have been opportune for the reformers. The Declaration of the Rights of Man, adopted on 27 August 1789 eventually became the preamble of the constitution adopted on 30 September 1791. When the Constitution was ratified, it marked the beginning of an entirely different government taking hold of a new nation. [80] Council members also included—without a vote—the Crown Prince, the Marshal of the Sejm, and two secretaries. [72], 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. as "based mainly on the United States Constitution, but minus the latter's flaws, and adapted to Poland's circumstances. info)), titled the Governance Act (Polish: Ustawa Rządowa), was a constitution adopted by the Great Sejm ("Four-Year Sejm", meeting in 1788–92) for the Polish–Lithuanian Commonwealth, a dual monarchy comprising the Crown of the Kin… [64] Voting was limited to men aged at least 18. Nuo čia prasideda lietuvių kalbos kelias į valstybės kanceliariją. 2. [35] It began a civil war to overthrow the King, but its irregular forces were overwhelmed by Russian intervention in 1772. 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. In that case, the King could withdraw the law or press the issue by presenting it to parliament. [138], First page of original manuscript of Constitution of 3 May 1791, registered (, The claims of "first" and "second constitution" have been disputed. [80] Courts of first instance existed in each voivodeship and were in constant session,[80] with judges elected by the regional sejmik assemblies. Articles 3 to 12, ratified December 15, 1791, by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights. December 6, 1790 The capital of the country “moves” from New York to Philadelphia until the new capital along the Potomac is completed. [64] Voting rights were restored to landowners in military service. [32], 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 the recently proclaimed policies. [29][30][31] The Cardinal Laws and the rights of "religious dissenters" passed by the Repnin Sejm were personally guaranteed by Empress Catherine. [98], 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. [25][28][29][30] Catherine and Frederick declared their support for the szlachta and their "liberties", and by October 1767 Russian troops had assembled outside Warsaw in support of the conservative Radom Confederation. [128][129] 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. "[81] The army was to be increased in strength to 100,000 men. Even as the constitution was being finalised, it was being overtaken by the events of the revolution. It is generally considered Europe's first and the world's second, modern written national constitution, after the United States Constitution that had come into force in 1789. [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. [26], 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. The French revolutionaries had before them a working model of a national constitution. [8] In the 1590s, at the peak of the nobles' democracy, King Sigismund III Vasa's court preacher—the Jesuit Piotr Skarga—had condemned the weaknesses of the Commonwealth. [127][135][136] It was again outlawed during World War II by both the Nazi and Soviet occupiers. "[13] 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. [33] The Polish–Lithuanian Commonwealth had legally and practically become a protectorate of the Russian Empire. "[75] However, Polish historians[which?] Proclamation of the Constitution of 1791. Democratic deputies argued for a more limited veto and some for no veto at all. "[a][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. By way of comparison, England in 1780 was a nation of around eight million people, yet only 214,000 people were eligible to vote. Date published: August 1, 2020 [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. [121] After initial victories at the Battle of Racławice (April 4), 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. Over time, the British system developed a balance of power between monarch, parliament, aristocracy and judiciary. March 4, 1791 Vermont becomes a part of the Union as the 14th state. [19] The ineffective monarchs who were elected to the Commonwealth throne in the early 18th century,[20] Augustus II the Strong and Augustus III of Poland of the House of Wettin, did not improve matters. [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. [31][80] The royal chancellery was to inform the sejmiks of the legislation it intended to propose in advance, so deputies could prepare for the discussions. New Hampshire becomes the ninth and last necessary state to ratify the Constitution of the United States, thereby making the document the law of the land. [93][e] The royal dynasty was elective, and if one were to cease, a new family would be chosen by the nation. [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][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. [58] The Sejm adopted the 1791 Free Royal Cities Act, which was formally incorporated into the final constitution. [99] As a compromise, the Grand Duchy of Lithuania received numerous privileges guaranteeing its continued existence. "[31][73][74] 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 Canada's] Constitutional Act of 1791, and left 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]. 3rd May » The Constitution of May 3, 1791 or Constitution of May 3 (the first modern constitution in Europe) is proclaimed by the Sejm of Polish–Lithuanian Commonwealth. "[6], The 1791 Constitution was a response to the increasingly perilous situation in the Polish–Lithuanian Commonwealth,[7] which had been a major European power only a century earlier and was still the largest state on the continent. [121] The Commonwealth now comprised no more than 215,000 square kilometres (83,000 sq mi). [14], As the Sejm failed to implement sufficient reforms, the state machinery became increasingly dysfunctional. [6][31][44][73][74] 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. [80][85] Its lower chamber—the Chamber of Deputies (Izba Poselska)—had 204 deputies (2 from each powiat, 68 each from the provinces of Greater Poland, Lesser Poland and the Grand Duchy of Lithuania) and 21 plenipotentiaries from royal cities (7 from each province). report the Constitution as having been described[by whom?] [69] 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. The Constitution of 1791 was passed in September but it had been fatally compromised by the king’s betrayal. [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. [44], The document's official name was Ustawa Rządowa ("Government Act"), where "government" referred to the political system. [23][24][25] 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. The preparation and drafting of the constitution began on July 6th 1789, when the National Constituent Assembly appointed a preliminary constitutional committee. "[65] 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. [31][65] The confederations were declared "contrary to the spirit of this constitution, subversive of government and destructive of society. A constitution would define the authority, structure and powers of the new government. May 3, 1791 – The Constitution of May 3 (the first modern constitution in Europe) is proclaimed by the Sejm of Polish–Lithuanian Commonwealth. Some hoped that Stanisław August would be able to negotiate an acceptable compromise with the Russians, as he had done in the past. [81] The Senate had a suspensive veto over laws that the Sejm passed, valid until the next Sejm session, when it could be overruled. A second group wanted a strong unicameral (single-chamber) legislature and a monarchy with very limited power. "[31], Article I acknowledged the Roman Catholic faith as the "dominant religion" but guaranteed tolerance and freedom to all religions. [53] Economic and commercial reforms—including some intended to cover the increased military budget previously shunned as unimportant by the szlachta—were introduced. This document established a constitutional monarchy and incorporated several political ideas from the Enlightenment. The defeat of Kościuszko's forces led in 1795 to the third and final partition of the Commonwealth. [69][117] The Polish King and the reformers could field only a 37,000-man army, many of them untested recruits. The constitution amended Louis XVI’s title from “King of France” to “King of the French”. [47][71] The response to the new constitution was less enthusiastic in the provinces, where the Hetmans' Party enjoyed considerable influence. those who paid a minimum amount of taxation. After ratification, Congress set dates for the first federal elections and the official implementation of the Constitution. "Vienalaikis Konstitucijos vertimas į lietuvių kalbą yra reikÅ¡mingas mÅ«sų istorijos faktas – Gegužės 3-osios Konstitucija buvo pirmasis valstybės įstatymas, netrukus po jos priėmimo iÅ¡verstas į lietuvių kalbą. In France in 1789-90, the National Constituent Assembly remained wedded to the idea of a constitutional monarchy. The United States Constitution was drafted in 1787 and ratified by the American states the following year. [120] 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. [85] The Sejm's upper chamber—the Chamber of Senators (Izba Senacka)—had between 130[80] and 132[31] (sources vary) senators (voivodes, castellans, and bishops, as well as governments ministers without the right to vote). Numbers three through twelve were adopted by the states to become the United States (U.S.) Bill of Rights, effective December 15, 1791.. James Madison proposed the U.S. Bill of Rights. [31][62][63], The Sejm passed few major reforms in its first two years, but the subsequent two years brought more substantial changes. [80][89] Referendary courts were established in each province to hear the cases of the peasantry. [126] 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. info)), titled the Governance Act (Polish: Ustawa Rządowa), was a constitution adopted by the Great Sejm ("Four-Year Sejm", meeting in 1788–92) for the Polish–Lithuanian Commonwealth, a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania. The stipulation that the King, "doing nothing of himself, ... shall be answerable for nothing to the nation," parallels the British constitutional principle that "The King can do no wrong." [45] 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 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 the Life of Jan Zamoyski (1787), by Stanisław Staszic. "[128][b] 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 the 20th century by Bogusław Leśnodorski. [89], 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. To their surprise, the Grodno Sejm, bribed or intimidated by the Russian troops, enacted the Second Partition of Poland. It was celebrated in Polish cities in May 1945, although in a mostly spontaneous manner. [66], The new constitution was drafted by the King, with contributions from Ignacy Potocki, Hugo Kołłątaj and others. The National Constituent Assembly’s property qualifications were considerably more generous than that. They would have extended voting rights to around 4.3 million Frenchmen. The Assembly eventually concluded that France should be a constitutional monarchy with a unicameral (one house) legislature. But it is too late for that now. [66][77][80][84], Legislative power, as defined in Article VI, rested with the bicameral parliament (an elected Sejm and an appointed Senate) and the king. [27], 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. A more pressing question was whether he would have the power to block laws passed by the legislature. In today’s world, where universal suffrage is the norm, this seems grossly unfair – but property restrictions on voting were quite common in 18th century Europe. [80] The Sejm elected from its deputies the judges for the Sejm Court, a precursor to the modern State Tribunal of Poland. [81] Said army was defined as a "defensive force" dedicated "solely to the nation's defense. [129] The 3 May Constitution has been called the second constitution in world history. 1. [118] 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. [37] The three powers justified their annexation, citing anarchy in the Commonwealth and its refusal to cooperate with its neighbors' efforts to restore order. [126], The Constitution of 3 May 1791 has been both idealized, and criticized for either not going far enough or being too radical. [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. The road to a constitution began on June 20th 1789, when the newly formed National Assembly gathered in a Versailles tennis court and pledged not to disband until France had a working constitution. [39][54][55], 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. [80], 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][59][60][61] 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. He could deny assent to bills and withhold this assent for up to five years. [65][86] By reducing the enfranchisement of the noble classes, this law introduced major changes to the electoral ordinance. I have sworn to maintain the constitution, wars and all, and I am determined to keep my oath. [12] In 1656, Sigismund's son King John II Casimir Vasa made a solemn vow at the 'old' Lwów Cathedral on behalf of the entire Republic of Poland, that he would free the Polish peasants "from the unjust burdens and oppression. [31][65][92] This provision was intended to reduce the destructive influence of foreign powers at each election. The process was a long and difficult one, hampered by differences of opinion, growing radicalism and the events of 1789-91. "[73][93] The 3 May Constitution was the first to follow the 1788 ratification of the United States Constitution. The American constitution embraced and codified several Enlightenment ideas, such as Jean-Jacques Rousseau‘s popular sovereignty and Montesquieu’s separation of powers. [80] The eligible voters elected deputies to local powiats, or county sejmiks, which elected deputies to the General Sejm. They had lost these rights in 1775. 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 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.