Later in November 1776, the Convention sent Carroll as a delegate to the Continental Congress to replace his cousin, Charles Carroll of Carrollton. He served in that Congress until 15 February 1777. He declined the position of Chief Justice in the new revolutionary confederation government. But when he returned, he was elected to the first state Senate in 1777. Later he was re-elected and served in that office until his death, on 23 March 1783, at Mount Clare Mansion. His funeral was held at Old St. Paul's Anglican Church (now Episcopal since 1789) in Baltimore at North Charles and East Saratoga Streets. He was buried there (small cemetery surrounding original church, later moved to block between West Baltimore and Lombard Streets-bounded by new Martin Luther King Boulevard) but later his body was moved to St. Anne's Churchyard (Anglican/Episcopal) off Church Circle in Annapolis.