The Constitution of May 3, 1791
The term “constitution” was used in Poland from the late
15th century to name resolutions by the national
assembly, called the General Sejm. In the 18th century,
the term “constitution” began to mean the state system,
the form of government or the basic act.
The Third of May Constitution of 1791 was the world’s
second written constitution after the American one. Its
authors were King Stanisław August Poniatowski; Ignacy
Potocki, the Lithuanian grand marshal; and Hugo
Kołłątaj, priest, political thinker and philosopher.
It was written by the members of nobility but, with the most noble of intentions, its authors were ready to
sacrifice their personal interests for the common good. They recognised that government must serve not the
interests of a few, but the welfare of the entire nation. The Constitution was inspired above all by the political
and social thinking of the European Enlightenment, the American Constitution of 1787, and the French
Declaration of Human and Civil Rights of 1789. It comprised 11 articles. The first stated that Roman
Catholicism would be the primary religion, but other believers would be free to follow their own beliefs and
practices. Article V of the Constitution based the system of government on Rousseau’s doctrine of the
sovereignty of the nation, and Montesquieu’s idea of dividing the authorities into legislative, executive and
judicial. A bicameral Sejm (parliament) was to create laws; executive power was with the king and the Legal
Guard (in Polish: Straż Praw); and the judiciary was to be conducted by tribunals and magistrates. The
“liberum veto” (when just one deputy would stop the passage of a bill by voting against it) was abolished, as
were some other seriously flawed provisions of the parliamentary system that existed earlier. All decisions
were to be made by a majority vote. The king didn’t have the right of legislative sanction. He was the
chairman of the Legal Guard, which comprised the Primate, two secretaries, the adult heir to the throne, the
Marshal of the Sejm and five ministers appointed by the king: of treasury, army, police, foreign affairs and
seals. Ministers were responsible to the king but could be removed from their positions only by the Sejm. The
king’s decisions, to become law, needed to be signed by ministers, and ministers were responsible to the
Sejm. A new form of Sejm was created, with members elected for two years and who had to be ready to
attend a parliamentary session at any time. Every 25 years an Extraordinary Constitutional Diet was to review
the Constitution to make amendments or changes. Under the 3rd May Constitution peasants were given the
protection of national law and government. A national army was created. The previously-passed Free Royal
Cities Act of April 1791 was declared to be an integral part of the Constitution. It granted to the townspeople
personal security, the right to acquire landed property, and eligibility for military officers’ commissions,
public offices and membership of the nobility.
Foreign politicians and thinkers, including those with no warm feelings for Poland, recognised the values
enshrined in the 3rd May Constitution. The Prussian statesman Ewald von Hertzberg expressed the fears of
European conservatives. He wrote that Poles “have given the coup de grace to the Prussian monarchy by
voting a constitution.... How can we defend our state....against a numerous and well-governed nation”. Karl
Marx, who indeed should never be suspected of praising nobilities, wrote as follows: “Despite all its
shortcomings, this Constitution looms up against the background of Russian, Prussian and Austrian barbarism
as the only work of liberty which Eastern Europe has ever created independently and it emerged exclusively
from the privileged class, from the nobility. The history of the world has never seen another example of such
nobility of the nobility.”
The Constitution is a reflection of the Polish spirit, a spirit that is devoted to truth and justice at all times,
under all circumstances, and despite all impediments. This spirit enabled the Polish nation to survive despite
123 years of foreign domination, and later on the long period of communist repression.
The 3rd of May used to be celebrated as a national day until WWII. During the communist era any form of
celebration of Constitution Day was forbidden, but the 3rd of May anniversary nevertheless became an
opportunity for pro-democratic political demonstrations.