The Declaration of Independence
New York was one of the original 13 colonies which became the 13 United States. New York City was at the time generally referred to as York city, and unlike Boston to the north and Williamsburg to the south it was not a hotbed of patriotic activity in the years before actual fighting broke out. New York sent delegates to the first and second Continental Congresses, but they did not support the idea of independence and were required to vote as instructed by the Provincial Congress of New York. When the Continental Congress first voted on the issue of independence, the New York delegation abstained.
Having not voted for independence on the first ballot, the New York delegation requested instructions from the Provincial Congress and none were received by July 2, the day of the final vote for independence of the United States. New York, having received no instructions, again abstained, making New York the only of the thirteen colonies not to vote for independence from Great Britain on July 2, 1776. Nor did the New York delegates sign the Declaration on July 4 (many of the delegates didn’t sign on that date). But there was a reason for the lack of instruction from the Provincial Congress.
That summer the Continental Army had moved down from Boston to counter the expected invasion of New York by the British. The New York Provincial Congress had prudently withdrawn from New York City in the face of the threat (they had been using Fraunces Tavern as their meeting hall). They had actually instructed their delegates to the Continental Congress to oppose independence, so the actions of the delegates, led by Robert Livingston, were already contrary to their instructions. On July 4 the Declaration was read and set in type for dissemination to the now independent states of America, but New York had still not voted for passage. The 13 former colonies were not yet unanimous.
The arrival of Howe and the British Army and fleet in New York Harbor sparked the Provincial Congress to action. In late May 1776 the Continental Congress had recommended that each state form a government and a written constitution. On July 9 the already passed Declaration of Independence was read aloud in New York City by direction of George Washington. That same day the Provincial Congress passed a resolution declaring the Independence of New York State and the following day authorized itself to act as the state legislature, without an executive, pending the completion of a state constitution.
The New York representatives later added their signatures to the document but as the Declaration of Independence was an accomplished fact, no further votes were taken. New York delegate Robert R. Livingston had been a member of the Committee of Five, selected to draft the original document. He never signed the Declaration of Independence at all. He had his cousin, Philip Livingston, sign for him as a proxy. Philip most likely signed the document in early August, when the copy which is displayed in the National Archives was signed by most of the delegates.