What are the elements of compromise or what makes a certain phenomena or document to be called as a compromise? Is compromise a process or a result? What is the difference between compromise and arbitration?

Introduction

Compromise of 1850, periodical of cooperation measures passed by the U.S. Legislature in an travail to conclude several spectacular practice issues and to avert the threat of dissolution of the Unionized. The crisis arose from the pass of the territory of Calif. (Dec. 3, 1849) to be admitted to the Union with a makeup prohibiting subjugation. The job was complicated by the unresolved subject of thrall’s phone into else areas ceded by Mexico the pretrial period. To maintain an regularize residuum between unfixed and free states, a series of measures was offered by the “outstanding compromiser,” Senator Physicist General of Kentucky. In an attempt to relinquish satisfaction to both proslavery and antislavery forces, the important sections of the omnibus instrument titled.[1].

The Compromise of 1850 was an intricate package of five bills, passed in September 1850, defusing a four-year confrontation between the slave states of the South and the free states of the North that arose from expectation of territorial expansion of the United States with the Texas Annexation (December 29, 1845). The Compromise was greeted with relief though each side disliked specific provisions. As compensation, the South got the possibility of slave states via popular sovereignty in the New Mexico Territory and Utah Territory, which however were unsuited to plantation agriculture and populated by non-Southerners; a stronger Fugitive Slave Act.[2]

Compromise

A mutual agreement to refer matters in dispute to the decision of arbitrators. A settlement by arbitration or by mutual consent reached by concession on both sides; a reciprocal abatement of extreme demands or rights, resulting in an agreement[3]. Series of measures passed by the U.S. Congress to settle slavery issues and avert secession. Support from Daniel Webster and Stephen A. Douglas helped ensure passage of the compromise. Moderates throughout the Union accepted the terms, which averted secession for another decade but sowed seeds of discord[4].

The Compromise of 1850 added some new laws. Buying and selling slaves in Washington, D.C. was outlawed. The people living in Washington, D.C. could still own slaves, but could not buy or sell new ones. In the South the land received from Mexico was broken up into two states, New Mexico and Utah. In these states, the settlers could decide for themselves whether they wanted slavery or not[5].

Elements of Compromise

The most explosive element in the Compromise of 1850 was the Fugitive Slave Law, which required the return of runaway slaves. Any black–even free blacks–could be sent south solely on the affidavit of anyone claiming to be his or her owner. The law stripped runaway slaves of such basic legal rights as the right to a jury trial and the right to testify in one’s own defense[6]. Some of the orations delivered in Congress stand as pivotal works in the careers of several statesmen[7].

There are five elements of compromise:

a) No slaves trade in dc

b) California is free-slave

c) Population solvent

d) Taxes were paid by Govt.

e) Fugitive slave act

No slaves trade in dc:

As we have seen from the case study of the 1808 law prohibiting the importation of slaves, the slave trade was an issue not easily defined and confronted. Despite its overt moralistic and humanitarian concerns, issues of commerce and politics overrode any other concerns in the formation of that aspect of US trade policy[8]. In his Summary View of the Rights of British America (1774), Thomas Jefferson asserted, somewhat disingenuously, that Virginians favored the “abolition of domestic slavery” and that as the first step toward this end, “it is necessary to exclude all further importations from Africa.”[9]

California is free-slave

But would California enter the Union as a free state or a slave state? Most Californians opposed slavery, which had been illegal when the state was part of Mexico. Also, many forty-niners had come from free states. But if California became a free state, the balance between free and slave states would change, favoring the free states. In the South, an imbalance was unacceptable[10]. The acquisition of the vast province of California was a chief act in the drama of our war with Mexico, an act whose national and political import was fraught with profound significance[11].

Population solvent

We observed a statistically significant association between high exposure to chlorinated hydrocarbons and malignant lymphoma (Odds ratio = 2.1; 95% confidence interval 1.1–4.3). In the analysis of lymphoma sub entities, a pronounced risk elevation was found for follicular lymphoma and marginal zone lymphoma. When specific substances were considered, the association between trichloroethylene and malignant lymphoma was of borderline statistical significance. Chlorinated hydrocarbons might affect specific lymphoma sub entities differentially.[12]

Taxes were paid by Govt.

The July 4, 1789, tariff was the first substantive legislation passed by the new American government. But in addition to the new duties, it reduced by 10 percent or more the tariff paid for goods arriving in American craft. It also required domestic construction for American ship registry. Navigation acts in the same decade stipulated that foreign-built and foreign-owned vessels were taxed 50 cents per ton when entering U.S. ports, while U.S.-built and -owned ones paid only six cents per ton. Furthermore, the U.S. ones paid annually, while foreign ones paid upon every entry. [13]Tariffs can be of a specified amount or ad valorem as a percentage of the product’s value[14].

Fugitive slave act

The Fugitive Slave Act was part of the group of laws referred to as the “Compromise of 1850.” In this compromise, the antislavery advocates gained the admission of California as a free state, and the prohibition of slave-trading in the District of Columbia. This law also spurred the continued operation of the fabled Underground Railroad, a network of over 3,000 homes and other “stations” that helped escaping slaves travel from the southern slave-holding states to the northern states and Canada[15]. Slaves could become free in several ways, including being transported voluntarily by ‘rescuers.’ In 1842, the United States Supreme Court, just prior to the Fugitive Slave Act.[16]

Is compromise a process or a result?

It was a terrible process, but a good result. Now that Congress has reached a compromise to move toward restoring fiscal responsibility, what have we achieved and what challenges remain? The agreement sets up a powerful mechanism for agreement on tax reforms to strengthen growth, and entitlement reforms to strengthen programs such as Medicare. A congressional committee with fast-track authority will have a Nov. 23 deadline to recommend a balanced package of long-term reforms to produce $1.5 trillion in additional deficit reduction[17].

Geithner said that coming to the compromise was “a terrible process, but a good result.” He said the agreement locking in at least $2 trillion in long-term savings will give Congress more room in the fall to pass additional short-term measures to strengthen the economy. Such measures could include extending the payroll tax cut, extending unemployment benefits and financing infrastructure investments, Geithner wrote.[18]

The entire process freezes, and inaction results while both sides “posture,” spouting the same inane, simplistic sound bites. If we are to survive as a country and return to a strong economy where all can do well, we need to change this negative, uncompromising ideology to one of reasoned compromise[19].

What is the difference between compromise and arbitration?

For slaves attempting to build lives in the North, the new law was disaster. Many left their homes and fled to Canada. During the next ten years, an estimated 20,000 blacks moved to the neighboring country. For Harriet Jacobs, a fugitive living in New York, passage of the law was “the beginning of a reign of terror to the colored population.” Free blacks, too, were captured and sent to the South. With no legal right to plead their cases, they were completely defenseless.[20]

With the influential support of Senator Daniel Webster and the concerted unifying efforts of Senator Stephen A. Douglas, the five compromise measures were enacted in September. These measures were accepted by moderates in all sections of the country, and the secession of the South was postponed for a decade.

The possibility of the disintegration of the Union was deprecated by many but was alarming to some, among them Henry Clay, who emerged from retirement to enter the Senate again. President Taylor was among those who felt that the Union was not threatened; he favored admission of California as a free state and encouragement of New Mexico to enter as a free state. These sentiments were voiced in Congress by William H. Seward. John C. Calhoun and other Southerners, particularly Jefferson Davis, maintained that the South should be given guarantees of equal position in the territories, of the execution of fugitive slave laws, and of protection against the abolitionists[21]

Under the Fugitive Slave Law, an accused runaway was to stand trial in front of a special commissioner, not a judge or a jury, and that the commissioner was to be paid $10 if a fugitive was returned to slavery but only $5 if the fugitive was freed. Many Northerners regarded this provision as a bribe to ensure that any black accused of being a runaway would be found guilty.[22].

Arbitration involves an impartial outsider being asked to make a decision on a dispute. The arbitrator makes a firm decision on a case based on the evidence presented by the parties. Arbitration is voluntary, so both sides must agree to go to arbitration; they should also agree in advance that they will abide by the arbitrator’s decision. Arbitration can be seen as an alternative to a court of law with its rules for procedures such as disclosure of documents, evidence and so on. But arbitration is private rather than public. Unlike a court, in an arbitration hearing the Arbitrator will ask the questions. There is no formal cross-examination or swearing of oaths[23].

Arbitration often allows you to resolve disputes more quickly and cheaply than by going to court. Instead of judges or juries, arbitrators decide if wrongdoing occurred and how to correct or compensate you for it[24].

Arbitration is dispute resolution processes in which the disputing parties present their case to a third party intermediary (or a panel of arbitrators) that examine all the evidence and then make a decision for the parties[25].

Most types of arbitration have the following in common:

Both parties must be willing to use the process
It is private
The decision is made by a third party, not the people involved
The arbitrator often decides on the basis of written information
If there is a hearing, it is likely to be less formal than court
The process is final and legally binding
There are limited grounds for challenging the decision[26]

Conclusion

The Fugitive Slave Law produced widespread outrage in the North and convinced thousands of Northerners that slavery should be barred from the western territories.

Attempts to enforce the Fugitive Slave Law provoked wholesale opposition. Eight northern states enacted “personal liberty” laws that prohibited state officials from assisting in the return of runaways and extended the right of jury trial to fugitives. Southerners regarded these attempts to obstruct the return of runaways as a violation of the Constitution and federal law.

And so in August and September 1850, separate bills passed the Senate and the House representing the elements of Clay’s original Omnibus bill; those separate pieces of legislation were referred to as “The Compromise of 1850”. The free black communities of the North responded defiantly to the 1850 law. They provided fugitive slaves with sanctuary and established vigilance committees to protect blacks from hired kidnappers who were searching the North for runaways. Some 15,000 free blacks emigrated to Canada, Haiti, the British Caribbean, and Africa after the adoption of the 1850 federal law.

References:

Huston, J. (n.d.). Retrieved December 1, 2011, from http://www.enotes.com/major-acts-congress/compromise

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(n.d.). Retrieved December 4, 2011, from http://www.mce.k12tn.net/civil_war/compromise_of_1850.htm

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(n.d.). Retrieved December 2, 2011, from http://www.academicamerican.com/jeffersonjackson/topics/monroeadmin.html

(n.d.). Retrieved December 1, 2011, from http://www.nationalcenter.org/FugitiveSlaveAct.html

(n.d.). Retrieved Decemebr 1, 2011, from http://www.fugitiveslaveact.com/

(n.d.). Retrieved December 2, 2011, from http://www.washingtonpost.com/opinions/compromise-achieved-reforms-the-next-chapter/2011/08/02/gIQAXQBMqI_story.html

(n.d.). Retrieved December 3, 2011, from http://www.reuters.com/article/2011/08/02/us-usa-debt-geithner-idUSTRE7716YX20110802

(n.d.). Retrieved December 2, 2011, from http://www.joplinglobe.com/editorial/x1760888572/Your-Letters-What-happened-to-compromise

(n.d.). Retrieved December 1, 2011, from http://www.pbs.org/wgbh/aia/part4/4p2951.html

(n.d.). Retrieved December 1, 2011, from http://www.infoplease.com/ce6/history/A0813116.html

(n.d.). Retrieved December 2, 2011, from http://www.acas.org.uk/index.aspx?articleid=1711

(n.d.). Retrieved December 2, 2011, from http://www.sec.gov/answers/arbproc.htm

(n.d.). Retrieved December 1, 2011, from http://www.colorado.edu/conflict/peace/treatment/arbitrat.htm

(n.d.). Retrieved December 2, 2011, from http://www.adrnow.org.uk/arbitration

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[1] See

(2009). Retrieved December 4, 2011, from Britannica: http://www.britannica.com/EBchecked/topic/181179/Compromise-of-1850

[2] See

(n.d.). Retrieved December 4, 2011, from Answers: http://answers.yahoo.com/question/index?qid=20091209111935AAIWPaL

[3] See (n.d.). Retrieved December 4, 2011, from brainyquote: http://www.brainyquote.com/words/co/compromise146379.html

[4] See

(n.d.). Retrieved December 4, 2011, from http://www.answers.com/topic/compromise-of-1850

[5] See

(n.d.). Retrieved December 4, 2011, from http://www.mce.k12tn.net/civil_war/compromise_of_1850.htm

[6] See

(n.d.). Retrieved December 4, 2011, from http://www.digitalhistory.uh.edu/database/article_display.cfm?HHID=328

[7] See

(n.d.). Retrieved December 4, 2011, from http://www.u-s-history.com/pages/h79.html

[8] See

(n.d.). Retrieved December 4, 2011, from http://www1.american.edu/ted/slave.htm

[9] See

(n.d.). Retrieved December 4, 2011, from http://abolition.nypl.org/print/us_constitution/

[10] See

(n.d.). Retrieved December 4, 2011, from armstrong-history.wikispaces.com/…/California+-+Free+or+Slave.pdf

[11] See

(n.d.). Retrieved December 4, 2011, from http://www.sfmuseum.org/hist5/caladmit.html

[12] See