Oh yeah, that Vermont – It Happened Today, February 18, 2017

Vermont is not all that controversial. Is it? No. It’s just this rather pleasant New England state with the odd distinction of being among the most Democratic in the United States and the most heavily armed. But precisely because it does not arouse strong passions, it’s interesting to reflect on its admission to the Union on February 18 of 1791.

Interestingly, that decision was controversial, because Vermont was on land ceded by the French after the Seven Years’ War and at one point New York, Massachusetts and New Hampshire all claimed some of it. By 1770 it was basically New York versus the local staid pious New England rowdies, especially Ethan Allan and his "Green Mountain Boys" who were frankly rather scary vigilantes against New York authority.

Until, of course, the British decided to suppress liberty in their colonies at which point everybody decided to forget their old quarrels and go get George III even though Ethan Allan continued to contest New York’s authority. So here’s the interesting thing.

In the general uprising against British authority, a group of Vermonters gathered in convention declared themselves a sovereign state in 1777. Then they named themselves Vermont, and adopted the first constitution in North America to ban adult slavery. (Eighty-one years later, in 1858, Vermont banned slavery altogether.)

For fourteen years people tried to avoid the awkward topic of whether there was or was not a "Vermont" even though it issued its own money, had a postal service and elected governors. And Congress could not act without New York’s consent under Article IV, Section 3 of the constitution. Finally New York threw in the towel and, after successful negotiations over where exactly the border lay and what compensation was due to New Yorkers whose land titles had been ignored in Vermont, Vermont became the 14th state and (duh) the first new one after the original 13.

What’s interesting here is that Vermont’s claim to statehood rested on two key points. First, the people who then lived there wanted it. And second, they had successfully acted as a state in fact. In short, people bowed to reality.

I’m not saying might makes right. The origins of many nations and subnational jurisdictions give serious pause on grounds of legitimacy, especially in a world that no longer recognises the "Doctrine of Discovery" of places that already had people in them, and is distinctly uneasy with the "Doctrine of Conquest". But the simple fact is that as far back as you can find anything resembling reliable records, land is in possession of those who took it from others including the aboriginals who were in Vermont when Europeans showed up. And sometimes de facto is the best basis you can find for de jure, that is, you agree that Vermont should be accepted as existing essentially because it does exist.

We still hope for perfect justice. We cannot do less. But at times we admit that things are what they are and we must make the best of them.

I do not think a great many people, even in New York, go about today saying Vermont is a fraud and an imposition. But precisely because it does not arouse strong passions, it’s a good test case of our willingness to defy, or accept, what actually does exist in favour of what we wish existed or feel might perhaps have existed under other circumstances.