Legislative Sejm passes the Small Constitution

On 20 February 1919, at the third sitting of the Legislative Sejm, Józef Piłsudski declared that, now that the Sejm had assembled, he was placing his office of Chief of State in the hands of its Marshal, and left the chamber. That same day the deputies unanimously passed a resolution that later became known as the Small Constitution (PL). The Sejm thanked Piłsudski for his “arduous service in office for the Fatherland” and entrusted the office to him again, but on new terms. The Sejm became the supreme authority in the state.

The first Sejm

Since November 1918 Piłsudski had ruled as Provisional Chief of State under his own decree of 22 November, which announced that he would exercise power until the Legislative Sejm was convened. The elections, called by a decree of 28 November, took place on 26 January 1919. Voting was held only in the former Kingdom of Poland and Western Galicia, and the lands where no election could be held were represented for the time being by Polish deputies to the parliaments in Vienna and Berlin. According to the dzieje.pl portal, more than five million people voted, and turnout nowhere fell below 60 per cent. The National Democrats won the most seats (116), ahead of PSL “Wyzwolenie” (57), PSL “Piast” (46) and the PPS (32). No group had a majority.

The Sejm met on 10 February in the building of the former Mariinsky Institute in Wiejska Street, Warsaw. Piłsudski opened the proceedings. “A century and a half of struggle, often bloody and full of sacrifice, has found its triumph today,” he said. On 14 February the Sejm adopted provisional standing orders and, with the votes of the right, elected Wojciech Trąmpczyński of the National Democrats as Marshal.

A dispute over the shape of power

Who was to govern until a constitution was passed was decided by the Council of Seniors (PL), the representatives of the largest parliamentary clubs. The left and PSL “Piast” wanted to leave power with Piłsudski, while the National Democrats preferred to hand executive power to the Marshal of the Sejm. On 19 February the Council took as its basis a draft by the “Piast” deputy Franciszek Bardel (PL), probably agreed beforehand with Piłsudski, and added to it a sentence stating that sovereign power lay with the Sejm. According to the legal scholar Łukasz Baszak, Piłsudski objected to these additions, but the Council did not remove them. As a compromise it was merely recorded in the minutes that the requirement of countersignature did not cover strategic and tactical military orders. In this way Piłsudski kept command of the army.

On 20 February Piłsudski came to the Sejm and in a speech recalled that convening the Sejm had been the main aim of his rule, and that he had told both the governments he had appointed, those of Jędrzej Moraczewski and Ignacy Jan Paderewski, to regard themselves as provisional. After he had left, a draft resolution was put forward on behalf of all the clubs and adopted unanimously, according to some accounts by acclamation.

Five principles

The resolution was to apply “until the enactment of that part of the Constitution which will lay down the basic rules for the organisation of the supreme authorities”. It had five points. Sovereign and legislative power belonged to the Legislative Sejm, and laws were promulgated by the Marshal with the countersignature of the prime minister and the relevant minister. The Chief of State was the representative of the state and “the supreme executor of the resolutions of the Sejm in civil and military matters”. He appointed the government in agreement with the Sejm. The Chief of State and the government were answerable to the Sejm, and every act of the Chief of State required the signature of the relevant minister, that is, countersignature (PL). The Chief of State had no right to initiate legislation and no power to dissolve the Sejm. The resolution was signed by Marshal Trąmpczyński and Prime Minister Paderewski.

After the vote Trąmpczyński addressed Piłsudski: “The Legislative Sejm has today unanimously resolved to place the power of the Chief of State in your hands once again.” Piłsudski accepted the office, though he admitted that the Sejm’s decision “ran counter” to his dearest plans. Poland thus acquired a parliamentary system with a strong Sejm and a Chief of State who had little civil power but remained head of the army.

The Small Constitution was meant to last a few weeks, until a provisional constitution was passed, but none was ever adopted. It remained in force until the March Constitution of 17 March 1921, and Piłsudski held the office of Chief of State on its terms until December 1922, when the first president took it over.