Judge Jay's next publication was entitled, "On the Condition of Free People of Colour in the United States." He showed that they were denied the right to the franchise, to liberty of locomotion, to the lowest employment in the public service; that their education was impeded almost to prohibition and that even their industry was hampered by cruel restrictions. Worst of all, they might at any time be seized and sold into slavery without recourse to law. In 1840 appeared his pamphlet on "The Violation by the House of Representatives of the Right of Petition." These writings had a wide circulation among persons not reached by the ordinary antislavery literature, and their influence was highly beneficial. Although the woman question was the ostensible cause of the schism of 1840, there were several other differences which tended quite as much to divide the abolition camp. While the Garrison party continued to depend solely upon moral agitation and opposed all political effort, a numerous and powerful body in the antislavery ranks began to look to the ballot-box as the instrument of reform. In 1840, under the leadership of Gerrit Smith, Alvan Stewart, Myron Holley, Elizur Wright, Joshua Leavitt, and William Goodell, a convention at Albany organized the Liberty party by the nomination of James G. Birney, of Kentucky, for President, and of Thomas Earle, of Pennsylvania, for Vice-President. Out of a total of about two and a half million votes cast at this election, the candidates of the Liberty party received a little over seven thousand. W. H. Harrison, the whig candidate, defeated his democratic opponent, Martin Van Buren. Although the abolition vote was not large, it gave the party great encouragement, and an address was issued congratulating the friends of the slave that a new power to overthrow slavery had been found in "the terse literature of the ballot-box."