"And whereas, I have conceived a good opinion of the integrity, prudence, ability and fittness of Coll. Thomas Dongan, to be employed as my Lieutent there, I have therefore thought fitt to constitute and appoint him ye said Coll. Thos to be my Lt and Govr within ye lands, islands, places aforesaid (except the said East and West New Jersey) to performe & execute all and every the powers wch are by the said lettrs pattents granted unto me to be executed by me, my Deputy, Agent or Assignes."
The written instructions received by the new governor from the Duke of York, bearing date January 27th, 1683, direct him: First, to call together the council of the duke, consisting of Fredericke Phillipps, Stephen Courtland, and other eminent inhabitants, not exceeding ten councillors. Second, and most important of all, to issue warrants to the sheriffs of the counties for an election of a general assembly of all the freeholders of the province, to pass laws "for the good weale and government of the said Colony and its Dependencyes, and of all inhabitants thereof." The assembly was not to exceed eighteen members, and was to assemble in the city of New York. Third, to give or withhold his assent to such laws as the general assembly might pass, as he might approve or disapprove of the same, etc. Fourth, the laws so passed to be permanent. Fifth, "And I doe hereby require and command you yt noe man's life, member, freehold, or goods, be taken away or harmed in any of the places undr yor government but by established and knowne laws not repugnant to, but as nigh as may be agreable to the laws of the kingdome of England." Sixth, to repress "drunkennesse and debauchery, swearing and blasphemy," and to appoint none to office who may be given to such vices; and to encourage commerce and merchants. Seventh, to exercise general discretionary powers, except that of declaring war, without the duke's consent. The eighth relates to assessment of the estates of persons capable of serving as jurors. Ninth, to establish courts of justice, and to sell the royal lands. Tenth, to pardon offences. Eleventh, to erect custom-houses and other public buildings. Twelfth, to organize the militia. Thirteenth, to settle the boundaries of the province. Fourteenth, to encourage planters, and to lay no tax on commerce, except according to established laws. Fifteenth, to purchase Indian lands. Sixteenth relates to the granting of a liberal charter to the city of New York. Seventeenth, to send reports, by every ship, of the progress of the colony, and to regulate internal trade; and eighteenth, to devote his life, time, etc., to the faithful discharge of his duties.
The admirable document of which the foregoing is a brief synopsis, containing as it does the general principles of all good government, was, no doubt, designed to meet the former evils complained of by the people of New York. That the influence of Colonel Dongan, during the eight months or so that he remained in England between his appointment and departure for New York, was wholesomely exerted in impressing a liberal and enlightened character upon the policy and instructions of the home government, cannot be doubted. No one was better fitted by experience, good judgment, and inclination, for such a task. The document itself, the most just and liberal that ever emanated from an English sovereign, goes far to vindicate the name and character of James II.
The new governor arrived at New York on the 25th of August, 1683, and entered upon the duties of his office—duties rendered more delicate and embarrassing by the excitement through which the community had just passed, the high and extravagant expectations built upon a new appointment, made with the view of remedying old complaints, and by the fact that he himself was a professed and zealous Catholic, while the community whose destinies he was commissioned to guide were almost without exception Protestants, and peculiarly inclined, at that time, to look with distrust and hatred upon all "Papists." That such was the case, we are told by all the historians of the state and city; but that, by his address, good government, and enlightened policy, Governor Dongan soon removed this difficulty, we have the same authority for asserting. Smith says of him, "He was a man of integrity, moderation, and genteel manners, and, though a professed papist, may be classed among the best of our governors;" and adds "that he surpassed all his predecessors in a due attention to our affairs with the Indians, by whom he was highly esteemed." Valentine writes, that "he was a Roman Catholic in his religious tenets, which was the occasion of much remark on the part of the Protestant inhabitants of the colony. His personal character was in other respects not objectionable to the people, and he is described as a man of integrity, moderation, and genteel manners, and as being among the best of the governors who had been placed in charge of this province." And Booth also writes of him, "He was of the Roman Catholic faith, a fact which rendered him, at first, obnoxious to many; but his firm and judicious policy, his steadfast integrity, and his pleasing and courteous address, soon won the affections of the people, and made him one of the most popular of the royal governors." Colden, in his history of the Five Nations, calls him an "honest gentleman," and "an active and prudent governor."
The governor at once organized his council, which, as well from necessity as from prudent policy, was composed of gentlemen of the Dutch Reformed and English churches. Regarding his functions as purely civil, he did not, in the government of the colonists, who were Protestants, advance his views upon subjects not connected with civil government offensively before them, as they feared he would do. He might have induced over from the old country members of his own church to form his council; but neither duty nor prudence recommended this measure. Catholics, however, were no longer excluded from office, nor from the practice of their religion. The governor had a chapel, in which himself, his suite, his servants, and all the Catholics of the province, could attend divine service according to their own creed. A Jesuit father, who accompanied him from England, was his chaplain.
He proceeded at once, according to his instructions, to issue his warrants for the election of a general assembly. This was an auspicious beginning of his administration, as it was a concession from the Duke of York for which the people had long struggled. This illustrious body, consisting of the governor, ten councillors, and seventeen representatives elected by the people, assembled in the city of New York, on the 17th of October, 1683. As he was the first, so he was the most liberal and friendly royal governor, that presided over the popular legislatures of New York; and the contests between arbitrary power and popular rights, which distinguished the administration of future governors, down to the Revolution, did not have their origin under his administration. The first act of the general assembly was the framing of a charter of liberties—the first guaranty of popular government in the province; and Governor Dongan, as he was the first governor to sign the charter of civil and religious liberty in New York, was, not many years afterward, the first citizen persecuted for his religion after its adoption. This noble charter ordained,
"That supreme legislative power should for ever reside in the governor, council, and people, met in general assembly; that every freeholder and freeman might vote for representatives without restraint; that no freeman should suffer but by the judgment of his peers, and that all trials should be by a jury of twelve men; that no tax should be assessed, on any pretext whatever, but by the consent of the assembly; that no seaman or soldier should be quartered on the inhabitants against their will; that no martial law should exist; that no person, professing faith in God, by Jesus Christ, should, at any time, be in any way disquieted or questioned for any difference of opinion in matters of religion."
It was provided that the general assemblies were to convene at least triennially; new police regulations were established; Sunday laws were enacted; tavern-keepers were prohibited from selling liquor except to travellers; children were prohibited from playing in the street, citizens from working, and Indians and negroes from assembling, on the Sabbath; twenty cartmen were licensed, on condition that they should repair the highways gratis, when called on by the mayor, and cart the dirt from the streets beyond the limits of the city. The inhabitants were required to sweep the dirt of the streets together every Saturday afternoon, preparatory to its removal by the cartmen. On the 8th of December, 1683, the city was divided into six wards, each of which was entitled to elect an alderman and councilman annually, to represent them in the government of the city. The appointment of the mayor was reserved to the governor and council, and was not made elective by the people until after the American Revolution.
In 1685, on the death of Charles, the Duke of York succeeded to the English crown, under the title of James II. Governor Dongan, by special orders from the home government, proclaimed King James throughout the province. Indian and French disturbances having ceased, all was now quiet along the northern frontier, and the governor, skilfully availing himself of the opportunity, caused the king's arms to be put upon all the Indian castles along the Great Lake, and they, he writes to Secretary Blathwayt, submitted willingly to the king's government. In 1686, Governor Dongan received a new commission, bearing date on the 10th of June of that year. This was a very different document from his first commission, and manifests the change in favor of arbitrary power which took place in the sentiments and policy of James on his accession to the throne. The general assembly was abolished and the legislative power was vested in the governor and council, subject to the approval of the king; they were also authorized to proclaim and enforce martial law, to impose taxes, etc. It has been erroneously stated by one of our historians that James, in this document, instructed Governor Dongan "to favor the introduction of the Roman Catholic religion into the province—a course of policy which the governor, himself a Catholic, was reluctant to adopt;" whereas, the only provision therein relating to religion is in these words: