CONSTITUTION OF THE THIRD OF MAY (EXCERPTS)
[The ideas of the French Revolution, as they applied to an aristocratic society, were first adopted in Eastern Europe by the Polish nobility. Influenced by the principles of constitutionalism that had rendered the French absolute monarchy into one compatible with the interests of the dominant class in France, the Polish szlachta consented to the modernization of the Polish state system to the extent that Poland became an aristocratic constitutional monarchy. The celebrated Constitution of the Third of May, adopted in 1791, was designed to reform the obsolete political order in Poland. The motivation of the szlachta was self-preservation within a national political framework, following the first partition of Poland by Russia, Prussia, and Austria. The new Constitution, however, was found unacceptable by Russia and its conservative supporters in Poland, and that opposition played a major part in the events leading to the second partition of Poland, in January, 1793.]
Stanislas Augustus, by the grace of God and the will of the Nation, King of Poland;
Unitedly with the confederated states, doubly reunited and representing the Polish nation;
Convinced that the perfection and the stability of a new national Constitution alone can assure our existence; taught by long experience of the inveterate vices of our political organization; determined to take advantage, given the present situation in Europe, of this fleeting moment that has left us on our own, free from the shame of foreign domination; placing well above our individual happiness, and even above life itself, the political existence, internal liberty, and independence of the nation withwhose destiny we have been entrusted; wanting to be worthy of the vows and of the gratitude of our contemporaries and of posterity-we lift ourselves above those obstacles that arouse passions, having nothing in view but the public well-being, and wanting to secure for all time the safety of the homeland and the integrity of its frontiers.
After much consideration, we are firmly resolved to enact the present Constitution, which we declare sacred and unalterable until such time as it will become obsolete, the will of the people having expressly recognized the necessity of making some changes therein; and we wish all subsequent regulations of this Diet to be conformed to.
I RELIGION
The dominant national religion is and remains the saintly Roman Catholic faith with all its rights. The solemn renunciation of Catholicism in order to embrace one of the other confessions is forbidden under previous penalties for apostasy. However, love of one's fellow man being one of the most sacred precepts of that religion, we owe to all men, regardless of the faith to which they belong, peace and liberty in their beliefs, under the guarantee of the State. We therefore guarantee, throughout the Polish territory, complete liberty to all religions and creeds, in conformity with the given laws in this respect.
II LANDHOLDING NOBILITY
Full of reverence for the memory of our ancestors and honoring in them the creators of a free government, we guarantee most solemnly to the nobility all its immunities, liberties, and prerogatives, as well as the preeminence that belongs to it in private as well as in public life; and especially we irrevocably declare, confirm, and guarantee all the rights, statutes, and privileges that Casimir the Great, Louis of Hungary, Wladyslaw Jagellon and his brother, Witold, Grand Duke of Lithuania, Wladyslaw and Casimir Jagellon, Jean-Albert and his brothers Alexander and Sigismund I, as well as Sigismund Augustus, the last of the Jagellons, legally and legitimately accorded it. We declare the Polish nobility equal in dignity to the nobility of all other countries; and we recognize the most perfect equality among the members of this body not only regarding the qualifications for duties and for all public offices, which confer honor, glory, and profit, but also for the pleasure of privilege and prerogatives attributed to the szlachta. Above all, we wish that [the member of the szlachta's] individual liberty and safety, his entire property, both chattels, and fixtures, will remain forever as sacred and inviolate as they have been from time immemorial. We solemnly guarantee that in the laws that are to be enacted we shall not tolerate any change or restriction that might carry the slightest prejudice regarding the property of any individual, and that neither the supreme authority of the nation nor the government established by it, under pretext of royal rights, or any other, will be able to formulate any claim to these properties in their entirety or in part. That is why, in considering individual liberty and the legal property of all citizens the true bonds of society and the foundations of civil liberty, we confirm, ensure, guarantee, and desire that they will always be respected and considered inviolate.
Recognizing that the members of the szlachta are the principal defenders of liberty and of the present Constitution, we appeal to the patriotism and honor of every gentleman and request that he respect and preserve the sacred character of this Constitution, which alone can be the bulwark of the homeland and the guarantee of our independence.
III TOWN AND BOURGEOISIE
We want the law, decreed in the present Diet and entitled "Our Royal Villages Declared Free Throughout the Length and Breadth of the Domains of the Republic," to be fully enforced; this law, which gives a truly new and effective basis regarding the liberty of the szlachta, as well as the independence and integrity of our common homeland, should become an integral part of the present Constitution.
IV PEASANTS
Country people, whose hands produce the largest source of the nation's wealth, constitute the largest sector of the population and, consequently, the most imposing force in the country. It is as much through justice, humanity, and Christian duty as in our own interest that we place them under the protection of the law and the government, declaring that aU authentic agreements and arrangements that the landlords have made or are making with their peasants and which favor the latter, including certain franchises or concessions, shall be deemed to have been concluded with the entire community and assume the character of contractual, communal, and reciprocal obligations, and that their stipulations, sincerely interpreted in mind and spirit, shall be placed under governmental guarantee. All agreements and similar arrangements, and the obligations that proceed from them, once consented to by a landlord, are strictly binding upon the latter and his heirs, as well as upon his beneficiaries, no matter what their title, and none of these by his own authority alone shall be justified in modifying them. Reciprocally, the peasants, according to their possessions, once contracts are accepted, arrangements concluded, and obligations freely agreed to, cannot free themselves by unilateral action but only in accordance with the terms of the agreements, which must be faithfully carried out, whether they are permanent or temporary in character.
As we have guaranteed to the landlords all the rights and privileges they enjoy with regard to their peasants, and as we are seeking to increase the population of the country in the most effective manner, we grant complete freedom to all individuals of all classes, including foreigners who have settled in Poland and all those who have left their homeland and wish in their hearts to return. Thus, all men, foreign or native, once they have trodden upon Polish soil, can freely and without hindrance follow their pursuits where and when they please; they shall be able, at their own will and for as long as they wish, to make such agreements as they see fit according to the kind of business they intend to do, and shall pay either in cash or by doing manual labor; they shall be able to settle down in town or country; lastly, they shall be able to remain in the country or to leave, should they consider it appropriate, on condition that they have carried out completely the obligations they voluntarily agreed upon.
V GOVERNMENT, OR THE NATURE OF PUBLIC POWER
In society, everything is derived from the will of the Nation. Therefore, in order that integrity of the domains of the Republic, the liberty of the citizenry, and civil administration remain forever in perfect equilibrium, the Polish government, by virtue of the present Constitution, shall comprise three powers: legislative authority, which shall rest in the assembly of the estates; supreme executive power, in the person of the King and in the council of surveillance; and judicial power, in magistrates who have already or shall be invested.
VI NATIONAL ARMY
The nation must rely solely on itself to repulse all attacks and to safeguard the integrity of its territory; all citizens are therefore born defenders of the rights and independence of the homeland. The Army must be one organized defensive force, coming from the heart of the nation. The country must honor its troops and give proportionate compensation for their devotion in the defense of the State; the troops must guard the safety of the country's borders and must maintain the public well-being; in a word, they must be the mighty shield of the Republic.
But, in order to fulfill these varied obligations unflinchingly and in conformity with the prescriptions of the law, the Army must remain under civilian control and, on oath, must remain loyal to the nation, the King, and the Constitution.