The object of this call was to assist in framing a State Government which, as a member of Congress, he had recommended, and which the New-York Congress had agreed to set about on the 20th May. It was neither fear nor inclination that drew both him and Mr. Jay from the General Congress at . this time and prevented them from appearing as signers of the Declaration of Independence, to the preparatory steps of which they had so effectually contributed, and to the maintenance of which they both devoted several after years of labor.

Mr. Duane took his seat in the Provincial Congress on the 2d June, but left New-York on the 6th, having obtained leave of absence to procure a place of residence for his family. He did not again set his foot in his native city until he entered it in triumph on the 25th November, 1783. The Convention also retired soon after from the city of New-York on account of the invasion of the British troops, and met at various places

VoL. Iv. 8

1074 MEMOIR OF THE

until it assembled more permanently at Fishkill and there Mr. Duane again joined it on the first of August. He was sent, on the same day as one of a committee to inquire into the state of defence of the forts Montgomery and Constitution in the Highlands ; was absent several days; returned, made report and continued with the convention and the committee of safety at Fishkill and Kingston, until the 3d April, 1777, when he was. directed to repair to the Congress at Philadelphia. In this last period of his attendance in the Provincial Congress, the constitution for the State, the draft of which he had reported, was taken up. Though he had taken an active part in its formation he left Kingston before it was finally voted on: