After the division in the ranks of the antislavery societies in 1840, Judge Jay ceased to take an active part in their proceedings, preferring to support the cause independently by his writings. But he was continually applied to by the societies to assist them by his advice, to give legal opinions on the positions which they wished to take, and to prepare documents which required special judgment and ability.
In April, 1842, Jay prepared an address to the British Antislavery Society, at the request of Mrs. Lydia Maria Child, who wrote on behalf of the American Antislavery Society. A little later, again by request of Mrs. Child, he gave a legal opinion on the advisability of carrying to the Supreme Court the cases of three men who had been condemned in Missouri to twelve years' imprisonment for aiding slaves to escape.
He continued his membership in the American and Foreign Antislavery Society in New York. Here he laboured unceasingly to keep the society fast to its declared purpose, and to prevent it from adding new doctrines and objects which he believed must result in further divisions injurious to the cause.
In April, 1841, he wrote on this subject to Lewis Tappan:
"I am glad the society will not be concerned in establishing a missionary station in Africa. The great vice of our antislavery societies has been, and is, meddling with things they have no right to meddle with, and this they have done on a most vicious principle, that the end sanctifies the means. In general, abolitionists mean well; but they grievously mistake when they think themselves authorized to pursue, in their associated capacity, whatever benevolent or religious plan they individually approve. They unite for certain specified purposes, and receive money expressly to forward those purposes; and to employ their associated influence or their common funds for other distinct purposes is not, in my opinion, consistent with strict morality."
In August, 1841, Judge Jay was requested by the Executive Committee of the American and Foreign Antislavery Society to allow his name to be announced as a regular contributor to the society's organ, the Reporter. He took this opportunity to repeat his warnings against the departure of the abolitionists from the line of action which they had marked out for themselves in the early days of the agitation.
"As an abolitionist I have deeply deplored the dissensions which have marred our harmony and almost annihilated our moral influence; and I have constantly and resolutely abstained, as far as my sense of duty would permit me, from aggravating those dissensions by partaking in them. The obvious tendency of the announcement contemplated by your resolution is to impress the public with the belief that the gentlemen who are held forth as the future contributors to the Reporter maintain the principles and approve the course of that paper. Such an impression, so far as regards myself, would be most strictly accurate were the principles and course of the paper to continue such as they have hitherto been. To the American and Foreign Antislavery Society I did fondly look as a refuge for such abolitionists as had been expelled from the old society by the faithlessness of those who converted it into an instrument for spreading other than antislavery doctrines. I did, notwithstanding past experience, regard the constitution of the new society as affording a guarantee that its members would not be required to support any other principles and measures than such as were indicated in that instrument. In consequence of this belief I did not decline office in the society, and I aided in defraying the expenses and in filling the columns of the Reporter. The paper was conducted with ability and honesty, promised to exert a happy influence in restoring peace and harmony to our ranks. The society was pledged by its constitution 'carefully to abstain from all the machinery of party political arrangements in effecting the objects,' and the Reporter faithfully conformed itself to this pledge. But in the very last number we are informed that at the last meeting a vote of the society, 'nearly unanimous,' was taken in favour of striking this pledge from the constitution, but that inasmuch as the notice required by Article X. had not been given, the amendment was not constitutionally adopted. The pledge is therefore virtually, although not formally, withdrawn; and we have every reason to believe that at the next meeting it will be expunged from the constitution. It is therefore obvious that the society, instead of being a rallying point for abolitionists, is henceforth to be a mere partisan organization, excluding from its fellowship multitudes of honest, zealous, and consistent abolitionists because they cannot adopt the maxim now promulgated in certain quarters, that the friends of immediate emancipation should labour to secure for themselves all the loaves and fishes in the gift of the republic—the power and emoluments of every office, from that of President of the United States to that of Path Master of a ward district. The vote of the society just mentioned is tantamount to a declaration that it will as soon as possible employ all the machinery of party political arrangement for the exclusive elevation of abolitionists to political power. This is not an object for which I have associated with abolitionists, nor is it one in which I intend to co-operate with them. But the Reporter, I am bound to believe, will be used as an instrument to effect this object, because I am bound to believe that the official organ of the society will not fail to advocate and pursue its avowed policy. Hence I cannot and ought not to give it in advance my confidence and countenance by complying with the request with which you have honoured me.
"I have thus frankly stated my sentiments without intending to impeach the motives of others, and without meaning to assume a hostile attitude towards the friends and supporters of what is denominated the Third party. With that party I cannot conscientiously and consistently unite, but I have purposely abstained from publicly mingling in the controversies to which it has given rise, and I have now expressed my dissent from it only because I could not otherwise explain my refusal of your polite invitation.
"In justice to myself, permit me to remark that my opinions on slavery and abolition have undergone no change, and that every principle I have ever avowed as an abolitionist is still cherished by me with no other difference than possibly a stronger conviction than formerly of its truth and importance.
"That we may all be guided by wisdom from above and be enabled not merely to break the bonds of the slaves, but in our conduct to adorn our Christian profession, is my fervent wish."