common fortitude to venture on resistance against three such powers combined, every one of which was sufficiently formidable to require the whole strength of Poland to encounter it. But, as desperate cases authorize desperate remedies, the Poles were so thoroughly convinced that resolute measures, however hazardous, were the only resource remaining to them in their present situation, that it was the universal wish of the nation to commit their fortunes to a trial, whenever their leaders might be of opinion that an auspicious opportunity was offered. The heads of the patriotic party, though men of the most daring disposition, united nevertheless so much coolness to the impatience and indignation with which they perceived the certain though disguised preparations intended against them, that they kept in the deepest silence the project they were forming, until they were convinced that the moment had arrived when it ought to be brought forward, without any further delay.

The people, they were conscious, were unanimously with them. This, in so bold and venturous an undertaking, was an indispensable encouragement. They knew also, that in the cause for which they were going to contend, soldiership and discipline were on the side of their enemies: but these they doubted not speedily to acquire; nor were they without hopes that causes of discord might produce such effects as to embroil their neighbours with each other, and so retard their operations, as to give time to other powers to reflect on the impolicy of permitting three such overgrown potentates still fur

ther to augment their dominions. Were sentiments of this sort to suc ceed to that ignominious apathy, with which Europe had so unaccountably beheld the iniquitous proceedings of the three partitioning powers, it was more than probable that a stop would be put to their encroachments, and that Poland would be preserved from their projected depredations. Considerations of this nature gave additional spirit to the resolution they had now taken to enter immediately upon the execution of the plan; which, after assiduous deliberation, they had at length brought to maturity.

Among those who were chiefly concerned in framing it, it has been said, none acquitted himself with more diligence and capacity than the King himself, who, in the course of his travels into various parts of Europe, had acquired an intimate knowledge of their different systems of government. What is more certain, there was not any one who had a greater share in the formation of this system than Abbatte Piatotti, formerly his Majesty's private secretary.

When the King and his associates in this great work had completed the scheme of government that was to be presented to the public, they reciprocally agreed to stand by each other to the last, in procuring its acceptance on the very day of its presentation. Cogent motives of every kind induced them to form this resolution. The capital

swarmed with the emissaries of those powers that were inimical to the undertaking. Were the diet, once met, to be prevailed upon to postpone the matter to another sitting, the patriotic party well

knew

knew that every effort would in the interval be made to obstruct it. Bribes, promises, threats, entreaties, in short, every endeavour, friendly or hostile, would be used, in order to dissuade or to deter the members of the diet from giving their concurrence. Though the majority might remain inflexible, yet some might be intimidated, or yield from other motives. This, by diminish ing the majority, would detract from the weight of the decision. The only method, therefore, to obviate this difficulty, was evidently to bring the business to a conclusion in a single sitting. The third of May was fixed upon for this purpose. Early in the morning, a large company of those members, whose courage and determination in the cause were well known, assembled in the king's palace, where, in his presence, they solemnly swore to carry the business through on that very day; and pledged themselves to each other not to separate till it should be completely effected.

The meeting of such numbers in the royal palace at three o'clock in the morning, naturally excited universal curiosity. The public had been some time in expectation of a great event, which they now looked upon as at hand. Without being able to ascertain precisely what that event would be, they rightly conjectured it to be of the highest importance to the nation. The inhabitants of Warsaw crowded, in consequence, to the hall where the diet was held. Instead of the usual ceremony of the marshals opening the session, the king on this great occasion thought proper to open it in person. He laid before the assembly the critical state

of the nation. He observed, that notwithstanding the friendly assur ances of foreign powers, he was well informed that a resolution had been taken to make a final partition of Poland. The only way to prevent such a calamity and disgrace to the nation, and to secure it from future attempts of this kind, was without delay to establish such a form of government as should produce an union of the whole strength and energy of the Polish nation, and thereby enable it to resist the interference of foreigners in its domestic affairs, and preserve its natural independence and dignity. In order to effect this salutary purpose, he had consulted the English and the American constitutions; and avoiding what he thought erroneous, extracted from these such parts as he judged best adapted to the present circumstances of Poland. The plan being read, a spirited and long debate ensued: but, through the king's prudent management, was conducted without violence or restraint of the fullest liberty of speech. One member in particular, whether excited by foreign influence, or moved by his own propensities, seemed by his behaviour determined to provoke harsh treatment. On his rising to speak, many voices endeavoured to drown him; but he was protected by the king, and permitted to declare his sentiments with the utmost freedom and safety to his person.

After many hours deliberation, a great number of the members supplicated the King to accept and swear to the constitution proposed. But he judiciously reminded them of the oath he had taken at his accession to the crown, to maintain

the

the Polish constitution on its actual footing, and that he could not legally comply with their request, unless he was previously absolved by the formal consent of the diet, of the obligation then imposed upon him. A majority of the diet immediately arose, and after discharging him, in a regular and solemn manner, from the observance of that article in his coronation contract, which made the crown elective, they also bound themselves not to adjourn till the proposal before them was finally adopted.

The marshal of the diet was, in consequence, ordered by the King to collect individually the opinion of all the members, that the sense and will of the nation, assembled in its representatives, might thus be made a matter of indisputable notoriety. But that part of the new constitution which rendered the crown hereditary, met with a violent opposition, even from those who approved of all the others. Mr. Sucherzewski, one of the most zealous promoters of all the popular plans, earnestly besought the King to recede from this point; asserting with great warmth, that hereditary succession was the tomb of public liberty. The deputies from Volbinia and Podolia, objected altogether to the new constitution, and others pleaded the instructions of their constituents for referring the decision to a future day, and a longer deliberation. But the majority insisted that the system proposed should be forthwith adopted; nor was the minority less positive in refusing its consent. On the former declaring they would not quit the hall until they had accomplished their object, the latter replied with

equal obstinacy, that they would not depart till it was abandoned.

This was the critical moment. Both parties appeared ready to proceed to immediate violence. In the mean time, the King sat in silent suspense how to act, and in anxious expectation how this sudden contest would terminate; when the deputy from Livonia, Mr. Zabiello, suggested, that a decree to decide all questions by a plurality of votes, having passed at the opening of the present diet, the most proper method to settle the dispute between both parties, would be by referring to their respective numbers. Those who approved of the plan proposed, being more than ten to one comparatively to those that opposed it, the King, he said, ought not to hesitate in giving his sanction to the constitution. Animated by this deputy's words and example, the majority rose instantly from their seats, and surrounding the throne, requested the king formally to accept and to swear to the observance of the constitution, so willingly and zealously received by an incomparable majority. The King readily seized this auspicious opportunity. He called to him the bishop of Cracow, officially to witness what he swore, and mounting on the throne, the better to be heard and seen, he pronounced with a loud voice the oath requested of him; and the majority holding up their hands did the same. This ceremony performed, he exclaimed that those who loved their country should follow him to the cathedral, and renew their oath at the altar. He was accordingly accompanied to church by the diet, only thirty or forty of the members, to which the opposition

opposition amounted, declining their attendance. After the renewal of the oath, with solemn thanks and addresses to Heaven for the prosperity of the new constitution, it was announced to the public by a discharge of all the artillery in the metropolis. The minority in the mean time, though unable to oppose these proceedings, resolved to discountenance them to the utmost of their power. They drew up a protest against them, which they published in the form of a ma

nifesto.

But their conduct excited universal dissatisfaction; and though, through the moderation of the patriotic party, no insult was offered to their persons, yet the people could not forbear to view them with an eye of indignation.

Great and unfeigned was the joy expressed by all orders of men at this change in the constitution. It evidently tended to meliorate the condition of all classes indiscriminately, and to place the nation on such a prosperous footing, as in a short time to command the respect of their neighbours, and to bid defiance to their secret machinations to disturb the internal peace of the kingdom, as well as to their open attempts to tyrannize over it. It was not, therefore, without the most incessant and indefatigable struggles to prevent this alteration in the Polish system, that those who had so much benefited by the divisions they had fomented in that country, beheld its deliverance from their ruinous interference. So keen and persevering had their efforts been to obstruct the plans of the patriotic party, that on the very eve of the memorable third of May, a foreign minister at the court of Warsaw had, it was reported, and firmly be

lieved, distributed 50,000 ducats among those whom he imagined of sufficient weight and influence to impede the measures in agitation. But the patriotic party were too vigilant to be taken by surprize. It discovered his intrigues, and obviated them, to his great disappointment and mortification.

A confirmation took place on the 5th of May, of what had been transacted on the third. The constitution was again read over to the diet, and received the signatures of all the members present, after every sentence had been solemnly revised and examined with the strictest attention. By this constitution, the sovereignty was formally recognized to reside in the nation, acting by its supreme will, expressed by its representatives. The government consisted of three distinct powers, the legislative, the judicial, and the executive. The first exercised by the diet, which was to be elected every two years out of the order of nobles, and divided into two houses, the one of Nuncios, or deputies, and the other of senators. The former of these houses to possess the pre-eminent prerogative of framing laws, which, when accepted by the latter, became valid and binding: but if negatived, remained suspended till re-enacted by the house of nuncios at the next diet; when, without consent of the senate, they became of force.

The crown was declared hereditary respecting individuals, but elective as to families. That of Saxony was elected to the succession, at the demise of the reigning monarch. The execution of the laws was assigned to the King and his council. The royal person to be inviolable. He was vested with

the

the Polish constitution on its actual footing, and that he could not legally comply with their request, unless he was previously absolved by the formal consent of the diet, of the obligation then imposed upon him. A majority of the diet immediately arose, and after discharging him, in a regular and solemn manner, from the observance of that article in his coronation contract, which made the crown elective, they also bound themselves not to adjourn till the proposal before them was finally adopted.

The marshal of the diet was, in consequence, ordered by the King to collect individually the opinion of all the members, that the sense and will of the nation, assembled in its representatives, might thus be made a matter of indisputable notoriety. But that part of the new constitution which rendered the crown hereditary, met with a violent opposition, even from those who approved of all the others. Mr. Sucherzewski, one of the most zealous promoters of all the popular plans, earnestly besought the King to recede from this point; asserting with great warmth, that hereditary succession was the tomb of public liberty. The deputies from Volhinia and Podolia, objected altogether to the new constitution, and others pleaded the instructions of their constituents for referring the decision to a future day, and a longer deliberation. But the majority insisted that the system proposed should be forthwith adopted; nor was the minority less positive in refusing its consent. On the former declaring they would not quit the hall until they had accomplished their object, the latter replied with

equal obstinacy, that they would not depart till it was abandoned.

This was the critical moment. Both parties appeared ready to proceed to immediate violence. In the mean time, the King sat in silent suspense how to act, and in anxious expectation how this sudden contest would terminate; when the deputy from Livonia, Mr. Zabiello, suggested, that a decree to decide all questions by a plurality of votes, having passed at the opening of the present diet, the most proper method to settle the dispute between both parties, would be by referring to their respective numbers. Those who approved of the plan proposed, being more than ten to one comparatively to those that opposed it, the King, he said, ought not to hesitate in giving his sanction to the constitution. Animated by this deputy's words and example, the majority rose instantly from their seats, and surrounding the throne, requested the king formally to accept and to swear to the observance of the constitution, so willingly and zealously received by an incomparable majority. The King readily seized this auspicious opportunity. He called to him the bishop of Cracow, officially to witness what he swore, and mounting on the throne, the better to be heard and seen, he pronounced with a loud voice the oath requested of him; and the majority holding up their hands did the same. This ceremony performed, he exclaimed that those who loved their country should follow him to the cathedral, and renew their oath at the altar. He was accordingly accompanied to church by the diet, only thirty or forty of the members, to which the opposition