Paul L. Caron
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Saturday, July 11, 2020

Vermont Law School To Paint Over Mural Celebrating State's Role In The Underground Railroad And Abolitionist Movement Because Depiction Of Blacks 'Made Some People Uncomfortable'

Vermont Law School Art

Valley News, Vermont Law School Mural Viewed As Racist Will Be Painted Over:

Vermont Law School plans to paint over a mural in its student center that highlights Vermont’s role in the Underground Railroad and the abolitionist movement after members of the law school community objected to its depictions of African Americans and said it made some people uncomfortable.

VLS President and Dean Thomas McHenry said in a schoolwide email this week that students and alumni had raised concerns about the mural in the Chase Community Center, which was painted by Vermont-based artist Sam Kerson in 1993 with the school’s blessing, even winning recognition from The Christian Science Monitor at the time.

“More than twenty-five years ago, the mural was offered to and accepted by the School with the intention of honoring African Americans and abolitionists involved in the Underground Railroad,” McHenry said in his email. “However, the depictions of the African-Americans on the mural are offensive to many in our community and, upon reflection and consultation, we have determined that the mural is not consistent with our School’s commitment to fairness, inclusion, diversity, and social justice. Accordingly, we have decided to paint over the mural.”

The brightly colored mural — “The Underground Railroad, Vermont and the Fugitive Slave” — comprises two 8-by-24-foot panels, with four scenes in each panel, and “celebrates the efforts of black and white Americans in Vermont and throughout the United States to achieve freedom and justice,” Kerson’s website says. ...

Kerson said ... he had not been told of McHenry’s decision, and likened it to the “thuggery” of the destruction of a statue of Douglass last week in Rochester, N.Y. “This is a monument to abolition in Vermont and a description of the people who struggled against slavery, and it is important to our culture,” he said of the mural.

Sam Kerson, The Underground Railroad Vermont and the Fugitive Slave:

Welcome to the e-room describing the mural: "The Underground Railroad, Vermont and the Fugitive Slave. This mural celebrates the efforts of black and white Americans in Vermont and throughout the United States to achieve freedom and justice.

This first panel depicts the enslavement in Africa. ...

The second panel discusses abolition. ...

Vermont, Abolition, and the Underground Railroad: 1777 - 1860:

Vermont has a long history of opposition to slavery. Many Vermonters opposed slavery and assisted runaway slaves throughout the pre-Civil War period. In 1777, Vermont's constitution became the first in the country to abolish slavery. While the federal Fugitive Slave Law of 1793 supported the "rights" of Slave-owners to reclaim their "property" in any state of the Union, many Vermonters secretly or openly resisted the law, and the legislature and the courts made it as difficult as possible for slave-owners to remove escaped slaves from Vermont.

Judge Theophilus Harrington was a farmer who lived in Clarendon and served as Justice of the Vermont Supreme Court from 1803-1813. In one case he tried at Middlebury, a slave owner came to Harrington to recover a slave who had escaped to Vermont. The slave owner showed bills of sale for both the slave and for the slave's mother. Harrington said, "You do not go back to the original proprietor." When the slaver's attorney asked what he would need for proof of ownership, Harrington replied, "A bill of sale from God Almighty!" The escaped slave was set free.

By 1836 there were 89 anti-slavery societies active in Vermont. In 1840 many of these fervent abolitionists formed the Liberty Party and successfully proposed a personal liberty law that guaranteed fugitives an attorney, required first that the slaver post $1,000 bond and then be fined if he lost the case. If the slaver further attempted to capture the fugitive, he was liable for kidnapping. In 1842, the state legislature passed resolutions favoring a Constitutional amendment to abolish slavery and bar admittance to the Union, of states allowing slavery. Resolutions calling for the repeal of the Fugitive Slave Law, for the abolition of slavery and for barring slave states from joining the Union continued throughout the pre-Civil War period. In 1843, the 1840 act was replaced by a strengthened act that also barred sheriffs, jailers and citizens from holding or detaining fugitives. In 1850, the state legislature resolved to use constitutional means to repeal or modify the Fugitive Slave Law at the national level and guaranteed fugitives in Vermont the right to habeas corpus and a trial by jury. It also required immediate notification of state's attorneys so that they could defend the fugitives.

The Underground Railroad was especially active in Vermont from 1830 to 1860. Most of the fugitives who went to Canada through New England passed through Vermont, with the majority passing on the route from Brattleboro to Montpelier. While there are no clear records on the total number of fugitives to pass through Vermont, one Underground Railroad agent in Norwich, which was not one of the main routes, assisted 600 escaped slaves.

Christian Science Monitor, The Painting of the Underground Railroad (Sept. 27, 1993):

Kerson sees this type of monumental art as a means of social and political commentary. Wiping perspiration from his brow — the windows in the balcony room were open, but the humidity was relentless — he said he was drawn to his subject by the role of freed slaves and abolitionists in molding a truer democracy in America. In the bravery and radical commitment of both the blacks fleeing bondage and the whites who sheltered them, he saw enduring relevance — something each generation of Americans should reflect on. ...

Vermont was a hotbed of abolitionist fervor, with even small towns having sizable antislavery societies. The state's prewar legislatures never tired of sending directives to the congressional delegations, calling on them to oppose statehood for slaveholding territories like Texas. Vermonters in Congress led the charge against the legal structures that upheld slavery, such as the fugitive slave laws. The state's courts did everything they could to foil slavers coming in search of their property. ...

[T]he law school, a private, liberal-minded institution in a small town that had actually been a setting for some of the scenes Kerson paints, welcomed the mural and its theme of injustice thwarted. The artist's political aims — to provoke questions and discussion through his painting — were right at home there.

https://taxprof.typepad.com/taxprof_blog/2020/07/vermont-law-school-to-paint-over-mural-celebrating-states-role-in-the-underground-railroad-and-aboli.html

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Comments

Painting over a 1993 mural is a violation of the Visual Artists Rights Act, and may subject the law school to damages, costs and attorneys fees. See 17 U S C 106A.

Posted by: Herbert Lazerow | Jul 11, 2020 9:21:31 AM

No rhyme or reason.

Just come out and confess you’re Marxists.

Posted by: Anon | Jul 11, 2020 11:13:50 AM

Contrary to what the headline seems to indicate, the phrase “because it made some people uncomfortable” is not what the school said; it is the dismissive wording chosen by the local paper to characterize the situation. Whoever came up with that wording seems to think it should not matter that African American students have had to walk by this huge mural every day depicting them in degrading positions and with stereotyped, exaggerated physical features, and that other students were deeply troubled by these depictions as well. https://www.vnews.com/getattachment/b72719c6-a5aa-4a1d-9643-b8bac6d7e91f/VLSMural-jpg-vn-070920-ph06 Just move the mural to some other location where people who want to see it can see it.

Posted by: Sam | Jul 11, 2020 2:37:24 PM

You know, the so-called reasoning of the woke mob these days could essentially be used as justification to tear down all works of art. But only in a society that infanitilizes absolutely everyone, including adults.

Just sayin...

Posted by: MM | Jul 11, 2020 5:34:34 PM

Sam: "depicting them in degrading positions and with stereotyped, exaggerated physical features"

Degrading positions, like gaining their freedom? Frankly, all of the depictions, black and white, are reminiscent of Picasso. But the artist isn't a racist nor did he have racist intent when he painted this mural. Evidently, that doesn't matter. And the people who are offended by this don't want it moved, they want it painted over i.e. obliterated.

You literally validated my point. Given the current sensibilities, black artists like Hale Woodruff are fair game.

https://www.npr.org/2015/12/19/459251265/with-powerful-murals-hale-woodruff-paved-the-way-for-african-american-artists

Am I wrong?

Posted by: MM | Jul 11, 2020 8:05:48 PM

If these future lawyers are made uncomfortable by a mural,it is strongly suggested they
find another line of work.And while they are searching,devote time to growing up.

Posted by: Ed | Jul 11, 2020 8:29:04 PM

Good opportunity to get rid of some really bad artwork. Any chance of getting a refund from Kerson for this artistic atrocity?

Posted by: John | Jul 12, 2020 2:54:58 AM

So law schools will offer students full-price, half-learning, and a preposterous political correctness that erases the good and the bad. This is certainly an attractive mix! Sad.

Posted by: Mike Livingston | Jul 12, 2020 3:07:51 AM

So, for 27 years it was OK but now it offends people. I would bet it’s been there so long most people walked by it without noticing, until now.

Posted by: William | Jul 12, 2020 12:49:58 PM

Wait until they find out where and how the "white colonizers" got their slaves.

Posted by: Robert Sendler | Jul 12, 2020 1:04:32 PM

If both black and other students and others are offended by the images on this mural, God help them if they ever come across the work of Ernie Barnes

Posted by: GD | Jul 12, 2020 1:07:51 PM

Exaggerated features? Gee, maybe we should (no, I won't suggest it) all the works of Henri Matisse and Pablo Piccaso?

Posted by: njc | Jul 12, 2020 2:15:03 PM

I am curious as to what was actually said about the mural. Anyone know? You would have a hard time finding a more progressive group than the folks at VLS. Good people, but very much a bubble.

Posted by: John - VLS class of 94 | Jul 12, 2020 4:28:39 PM

Just wait until the current batch of blacks are depicted in artwork.

Posted by: Adam Dorsey | Jul 12, 2020 5:42:18 PM

When the Garnier Opera in Paris decided to have artist Marc Chagall paint a new mural for the ceiling, they hung it just below the original mural without damaging it. Why not try something like this instead?

Posted by: Noah Bond | Jul 13, 2020 6:56:26 PM