The antislavery societies, by the admission into their proceedings of projected reforms having no connection with their ostensible object, had gradually become divided and weakened. Jay had protested unceasingly against this course, but the tendency had been irresistible. "Our antislavery societies," he wrote in 1846, "are, for the most part, virtually defunct. Antislavery conventions are whatever the leaders present happen to be; sometimes disgustingly irreligious, and very often Jacobinical and disorganizing; and frequently proscriptive of such of their brethren who will not consent to render abolition a mere instrument for effecting certain political changes having no relation whatever to slavery."
The antislavery societies had accomplished the noble and seemingly hopeless task of arousing the national conscience from its lethargy. Their labours had started and given irresistible impulse to a movement on behalf of the slave which was not to rest until emancipation was attained. But the active conduct of this movement was now passing from their hands into the domain of politics. The contest had become a national issue, to be fought out in legislative halls and to be determined at the polls.
In August, 1843, the national convention of the Liberty party was held at Buffalo. This convention was more largely attended than the first, every free State excepting New Hampshire having sent delegates. James G. Birney was again nominated for President, and Thomas Morris, of Ohio, for Vice-President. The canvass was carried on with great vigour and spirit. The Birney vote in 1843 showed a large increase, amounting to 60,000. It caused the election of Polk and gave to the abolitionists the balance of power in New York and Michigan.
Judge Jay had never considered himself as belonging to either the Whig or the Democratic party. He believed that his judicial position should debar him from active partisanship. Above all, his disapproval of the policy adopted by both political parties towards the slavery question disinclined him to be a member of either. His attitude towards the Liberty party, on its formation in 1840, was set forth in the letter written to Gerrit Smith declining the nomination for governor, which was quoted at length in the last chapter. Judge Jay then doubted the expediency of a separate political party making abolition its article of faith and test of membership. But as events proceeded, as both the great parties seemed irrevocably pledged to the support of slavery, above all, as both favoured the annexation of Texas, Jay became a pronounced and active member of the Liberty party.
He viewed the annexation proceedings with horror, as the death-knell of emancipation and as a scheme of wicked injustice which must react injuriously upon the whole nation. In March, 1843, he wrote to Dr. H. J. Bowditch, of Boston: "The full and entire triumph of the antislavery cause is near and certain, provided that Texas is kept out of the Union. On this point are centred all my fears. I am not disheartened by the corruption of politicians, nor the deathlike apathy of the community, so long as we remain independent of the renegade republic. Give us time and we can arouse the community from its stupor, we can change public opinion, and politicians will bellow aloud for abolition the moment they find it popular. The danger is that before this change is effected the slaveholders will demand the annexation of Texas as the price of the presidency and that one or more of the candidates will consent to pay it."
When Birney was nominated in 1843, Jay wrote to Gerrit Smith: "I congratulate you upon this result. Birney is a man for whom Christians and patriots can consistently vote. He shall have my cordial support. In my opinion, the selection is creditable to the Liberty party, and if it continues to give us candidates of this character, it will be a blessing to our country.... To that party I shall be true so far, and so far only, as it shall be true to itself. May God direct its measures for the protection of our own rights and for the ultimate liberation of the slave."
Judge Jay was as anxious that the Liberty party should keep faithfully to its antislavery purpose as he had been in the case of the antislavery societies. He believed that the party must end in failure if it allowed extraneous and dividing policies to be admitted to its platform. On this subject he wrote in September, 1845, to Henry B. Stanton, who had invited him to a convention in Boston:
"Notwithstanding the annexation of Texas, great good may result from the Liberty party, provided it be faithful to itself, and be wisely conducted. Hence I am distressed by whatever threatens to impair its integrity and usefulness. You are not ignorant, I presume, of the strenuous efforts now making to change its character and to convert it from an antislavery party into one for matters and things in general.
"It is proposed by men of talents, energy, and influence that the party shall in future maintain:
"That the Federal Government has the Constitutional power to abolish slavery in the States.