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:

Mr. Duane continued in Congress this time from April to December, 1777, when, having obtained leave of absence, he returned to his family at Livingston's Manor. On the 13th May preceding, the Provincial Convention, after thanking him for his long and faithful services, had appointed him delegate to Congress until the new Legislature should make an election, by which body he was also appointed a delegate. In 1777, Mr. Duane, with Messrs. Lee and Lovell, were a committee to arrange the Articles of Confederation, (after they had been agreed to by Congress) alter the pharseology, without, however, altering the sense and report them complete; This was done on the 18th November; on the 17th of the same month the same committee reported a circular letter from Congress to the several States to accompany the articles. t

In the spring and summer of 1778, Mr. Duane had an attack of sickness and did not return to Congress until November, 1778, having been re-appointed a delegate on the 16th October preceding. His attendance at this time was particularly urged by the Governor and his fellow Delegates on account of the Vermont dispute, with which he was thoroughly acquainted.