Finally, on the 3d of May, 1791, the long desired new Polish constitution was promulgated. The king repaired to the cathedral, and, at the high altar, swore to maintain it; the illustrious nobles imitated the example,—all Warsaw celebrated the day as a memorable festival.
The new constitution made the Roman Catholic religion the ruling religion in Poland,—but conceded full liberty to other forms of worship. It confirmed the privileges of the nobility, and the charters of the cities; it gave to the peasantry the right of making compacts with their over lord, and placed the inhabitants of the open country, under the protection of the laws and the government. Poland was called a republic. The supremacy of the will of the people was distinctly recognized; but, for the sake of civil freedom, order, and security, the government was composed of three separate branches. The legislative was divided into two chambers,—that of the deputies and the senators; the former, the popular branch, was esteemed the sacred source of legislation; the latter, under the presidency of the king, could accept a law, or postpone its consideration. The decision was according to a majority of voices. The liberum veto was abolished; confederations were prohibited as inconsistent with the genius of the constitution; and it was provided, that, after every quarter of a century, the constitution should be revised and amended. The executive, composed of the king and his cabinet, was bound to carry the laws into effect; but it could neither number nor interpret them, nor impose taxes, nor borrow money, nor declare war, nor make peace, nor conclude treaties definitively. The crown ceased to be elective, and was declared to be hereditary in the family of the elector of Saxony. The judiciary shared in the general improvement.
The majority of the nation loudly applauded the results of the diet, and the western cabinets of Europe were satisfied. The British Parliament was eloquent in the praises of the new order of things, and Austria and Prussia united in negotiating with Russia for the recognition of the constitution, and the indivisibility of Poland.
Catharine II. preserved an ominous silence, till the peace of Jassy was concluded, and her armies were ready for action. She then rejected the interference of the two powers, who had attempted to check her career,—and, listening to the requests of a few factious and misguided members of the ancient Polish oligarchy, she proceeded to denounce the spirit of revolutions. The Polish diet rejoined with dignity and moderation, expressed its intentions of peace with respect to the rest of Europe, and published its determined resolution to maintain the independence of its country, and its new form of government. It then applied to the neighbouring powers for assistance;—but Lucchesini, the Prussian envoy, gave evasive answers to all questions respecting an impending war, and especially avoided all written communications; and the elector of Saxony, after some wavering, declined the intended honour of the Polish crown for his family.
Meanwhile the war of Austria and Prussia against France had begun; and now the way was open to Russia to invade Poland, Lucchesini, the Prussian envoy, declared, May 4th, 1792, that his king had not participated in framing the new constitution, and was not bound to its defence; while, on the 18th of the same month, Catharine censured the new government "as adverse to Polish liberties," and declared that she made war "to rescue Poland from its oppressors." While a confederation of factious refugees was made at Targowitz, according to the ancient usage of the anarchy, the Russians precipitated themselves upon the distracted kingdom in two great masses. The Poles, under Joseph Poniatowski and Kosciusko, fought with undaunted valour, but unsuccessfully. On the 30th of May, King Stanislaus ordered a general levy of the population. On the 4th of July, he expressed his determination to share the fate of the nation, and to die with it if necessary, rather than survive its independent existence: and oh! the misery of a gallant nation, with a pusillanimous chief, on the 23d of July he declared his adhesion to the confederation of Targowitz. A vehement scolding letter from Catharine had effected the change in his heroism. The movements of the Polish army were stopped by his order; while Joseph Poniatowski and Kosciusko resigned their places. The leading patriots poured out their souls in eloquent regrets at the last assembly of the diet, and travelled abroad.
The innocent confederates having, after the king's adhesion, added many names to their former number, were now assembled at Grodno, fully relying on the magnanimous clemency of Catharine, to maintain the integrity of their state. Just then the German army was returning from its excursion in Champagne, where it had won no laurels; and Prussia, having obtained the reluctant assent of Austria, claimed, as a compensation for its ill success against France, the privilege of a new inroad upon its neighbour; and in January, 1793, its army took possession of Great Poland, under pretence of keeping the Jacobins in order.
The confederates rubbed their eyes and began to awake; but it was only to read the Prussian note of March 25th, 1793, declaring the necessity of incorporating about 17,000 square miles of the Polish territory with Prussia, "in order," as it was kindly intimated, "to give to the republic of Poland limits better suited to its internal strength." Two days after the publication of this note, Dantzig was seized, to check the progress of a dangerous political sect. Two days more, and Russia declared its willingness to incorporate into its empire about 73,000 square miles of Poland, and three millions of inhabitants. The diet at Grodno showed some signs of obstinacy; but was obliged to assent to the terms dictated by their ally and their protector. The confederation of Targowitz was now dissolved; it had done its work.
The anger of the Poles was frenzied. They were indignant at every thing; but to them it was the bitterest of all, that Frederic William should have had a share in the plunder.
There now remained to Poland about 76,000 square miles, and between three and four millions of inhabitants. The neighbouring powers generously renounced all further claims, became joint guarantees of the remainder, and promised that now the diet might make any constitution it pleased. How far the good pleasure of the diet was independent, may be inferred from the treaty concluded in October with Russia; of which the conditions were, that Poland should leave to Russia the conduct of all future wars, allow the entrance of Russian troops, and frame its foreign treaties only under the Russian sanction. The diet of Grodno signed this treaty November 24th, 1793, and adjourned. Igelstrom, the general of the Russian army, was constituted the Russian ambassador in Poland. It is evident, that Catharine proposed no further division of Poland; she intended to lay claim to the whole that remained; and as a preparatory step, caused a large part of the Polish army to be disbanded.
The party of the patriots determined upon one final effort; and a new confederation was made at Cracau. Its aims extended to the establishment of the internal and external independence of their country, and the restoration of its ancient limits. Kosciusko was called from his retirement at Leipzig, to be the generalissimo of the Patriot army. A supreme council was established, with plenary authority, till the national independence should be recovered; and then a representative constitution was to be formed by a general convention. The movement was national; the Poles were invited to rise in the defence of their country; and those between eighteen and twenty-seven years of age were to serve in the armies; the elder men to constitute the militia.