ose relating to the Loyalists. The British commissioners
stood out at first for the principle of complete amnesty
to them and restitution of all they had lost; and it is
noteworthy that the French minister added his plea to
theirs. But Benjamin Franklin and his colleagues refused
to agree to this formula. They took the ground that they,
as the representatives merely of the Continental Congress,
had not the right to bind the individual states in such
a matter. The argument was a quibble. Their real reason
was that they were well aware that public opinion in
America would not support them in such a concession. A
few enlightened men in America, such as John Adams,
favoured a policy of compensation to the Loyalists, 'how
little soever they deserve it, nay, how much soever they
deserve the contrary'; but the attitude of the great
majority of the Americans had been clearly demonstrated
by a resolution passed in the legislature of Virginia on
December 17, 1782, to the effect that all demands for
the restitution of confiscated property were wholly
inadmissible. Even some of the Loyalists had begun to
realize that a revolution which had touched property was
bound to be permanent, and that the American commissioners
could no more give back to them their confiscated lands
than Charles II was able to give back to his father's
cavaliers the estates they had lost in the Civil War.
The American commissioners agreed, finally, that no future
confiscations should take place, that imprisoned Loyalists
should be released, that no further persecutions should
be permitted, and that creditors on either side should
'meet with no lawful impediment' to the recovery of all
good debts in sterling money. But with regard to the
British demand for restitution, all they could be induced
to sign was a promise that Congress would 'earnestly
recommend to the legislatures of the respective states'
a policy of amnesty and restitution.
In making this last recommendation, it is difficult not
to convict the American commissioners of something very
like hypocrisy. There seems to be no doubt that they knew
the recommendation would not be complied with; and little
or no attempt was made by them to persuade the states to
comply with it. In after years the clause was represented
by the Americans as a mere form of words, necessary to
bring the negotiations to an end, and to save the face
of the British government. To this day it has remained,
except in o
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