[4] In 1764, the Baptists consulted with Ellery and Congregationalist Reverend Ezra Stiles on writing a charter for the college that became Brown University.

Neither Ellery nor Stiles accepted appointment to the reserved Congregationalist seats on the board of trustees.

He then returned to Newport where he worked first as a merchant, next as a customs collector, and then as clerk of the Rhode Island General Assembly.

He started practicing law in 1770 at age 43 and became active in the Rhode Island Sons of Liberty.

[7][8] Ellery died on February 15, 1820, at age 92 and was buried in Common Burial Ground in Newport.