LITMIR.BIZ

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of loyalists.

      The last question of all was the one most difficult to settle. There were many loyalists in the United States who had sacrificed everything in the support of the British cause, and it was unquestionably the duty of the British government to make every possible effort to insure them against further injury, and, if practicable, to make good their losses already incurred. From Virginia and the New England states, where they were few in number, they had mostly fled, and their estates had been confiscated. In New York and South Carolina, where they remained in great numbers, they were still waging a desultory war with the patriots, which far exceeded in cruelty and bitterness the struggle between the regular armies. In many cases they had, at the solicitation of the British government, joined the invading army, and been organized into companies and regiments. The regular troops defeated at King's Mountain, and those whom Arnold took with him to Virginia, were nearly all American loyalists. Lord Shelburne felt that it would be wrong to abandon these unfortunate men to the vengeance of their fellow countrymen, and he insisted that the treaty should contain an amnesty clause providing for the restoration of the Tories to their civil rights, with compensation for their confiscated property. However disagreeable such a course might seem to the victorious Americans, there were many precedents for it in European history. It had indeed come to be customary at the close of civil wars, and the effect of such a policy had invariably been good. Cromwell, in his hour of triumph, inflicted no disabilities upon his political enemies; and when Charles II. was restored to the throne the healing effect of the amnesty act then passed was so great that historians sometimes ask what in the world had become of that Puritan party which a moment before had seemed supreme in the land. At the close of the war of the Spanish Succession, the rebellious people of Catalonia were indemnified for their losses, at the request of England, and with a similar good effect. In view of such European precedents, Vergennes agreed with Shelburne as to the propriety of securing compensation and further immunity for the Tories in America. John Adams insinuated that the French minister took this course because he foresaw that the presence of the Tories in the United States would keep the people perpetually divided into a French party and an English party; but such a suspicion was quite uncalled for. There is no reason to suppose that in this instance Vergennes had anything at heart but the interests of humanity and justice.

      On the other hand, the Americans brought forward very strong reasons why the Tories should not be indemnified by Congress. First, as Franklin urged, many of them had, by their misrepresentations to the British government, helped to stir up the disputes which led to the war; and as they had made their bed, so they must lie in it. Secondly, such of them as had been concerned in burning and plundering defenceless villages, and wielding the tomahawk in concert with bloodthirsty Indians, deserved no compassion. It was rather for them to make compensation for the misery they had wrought. Thirdly, the confiscated Tory property had passed into the hands of purchasers who had bought it in good faith and could not now be dispossessed, and in many cases it had been distributed here and there and lost sight of. An estimate of the gross amount might be made, and a corresponding sum appropriated for indemnification. But, fourthly, the country was so impoverished by the war that its own soldiers, the brave men whose heroic exertions had won the independence of the United States, were at this moment in sore distress for the want of the pay which Congress could not give them, but to which its honour was sacredly pledged. The American government was clearly bound to pay its just debts to the friends who had suffered so much in its behalf before it should proceed to entertain a chimerical scheme for satisfying its enemies. For, fifthly, any such scheme was in the present instance clearly chimerical. The acts under which Tory property had been confiscated were acts of state legislatures, and Congress had no jurisdiction over such a matter. If restitution was to be made, it must be made by the separate states. The question could not for a moment be entertained by the general government or its agents.

      Upon these points the American commissioners were united and inexorable. Various suggestions were offered in vain by the British. Their troops still held the city of New York, and it was doubtful whether the Americans could hope to capture it in another campaign. It was urged that England might fairly claim in exchange for New York a round sum of money wherewith the Tories might be indemnified. It was further urged that certain unappropriated lands in the Mississippi valley might be sold for the same purpose. But the Americans would not hear of buying one of their own cities, whose independence was already acknowledged by the first article of the treaty which recognized the independence of the United States and as for the western lands, they were wanted as a means of paying our own war debts and providing for our veteran soldiers. Several times Shelburne sent word to Paris that he would break off the negotiation unless the loyalist claims were in some way recognized. But the Americans were obdurate. They had one advantage, and knew it. Parliament was soon to meet, and it was doubtful whether Lord Shelburne could command a sufficient majority to remain long in office. He was, accordingly, very anxious to complete the treaty of peace, or at least to detach America from the French alliance, as soon as possible. The American commissioners were also eager to conclude the treaty. They had secured very favourable terms, and were loth to run any risk of spoiling what had been done. Accordingly, they made a proposal in the form of a compromise, which nevertheless settled the point in their favour. The matter, they said, was beyond the jurisdiction of Congress, but they agreed that Congress should recommend to the several states to desist from further proceedings against the Tories, and to reconsider their laws on this subject; it should further recommend that persons with claims upon confiscated lands might be authorized to use legal means of recovering them, and to this end might be allowed to pass to and fro without personal risk for the term of one year. The British commissioners accepted this compromise, unsatisfactory as it was, because it was really impossible to obtain anything better without throwing the whole negotiation overboard. The constitutional difficulty was a real one indeed. As Adams told Oswald, if the point were further insisted upon, Congress would be obliged to refer it to the several states, and no one could tell how long it might be before any decisive result could be reached in this way. Meanwhile, the state of war would continue, and it would be cheaper for England to indemnify the loyalists herself than to pay the war bills for a single month. Franklin added that, if the loyalists were to be indemnified, it would be necessary also to reckon up the damage they had done in burning houses and kidnapping slaves, and then strike a balance between the two accounts; and he gravely suggested that a special commission might be appointed for this purpose. At the prospect of endless discussion which this suggestion involved, the British commissioners gave way and accepted the American terms, although they were frankly told that too much must not be expected from the recommendation of Congress. The articles were signed on the 30th of November, six days before the meeting of Parliament. Hostilities in America were to cease at once, and upon the completion of the treaty the British fleets and armies were to be immediately withdrawn from every place which they held within the limits of the United States. A supplementary and secret article provided that if England, on making peace with Spain, should recover Wept Florida, the northern boundary of that province should be a line running due east from the mouth of the Yazoo River to the Chattahoochee.

      Vergennes does not like the way in which it has been done.

      Thus by skilful diplomacy the Americans had gained all that could reasonably be asked, while the work of making a general peace was greatly simplified. It was declared in the preamble that the articles here signed were provisional, and that the treaty was not to take effect until terms of peace should be agreed on between England and France. Without delay, Franklin laid the whole matter, except the secret article, before Vergennes, who forthwith accused the Americans of ingratitude and bad faith. Franklin's reply, that at the worst they could only be charged with want of diplomatic courtesy, has sometimes been condemned as insincere, but on inadequate grounds. He had consented with reluctance to the separate negotiation, because he did not wish to give France any possible ground for complaint, whether real or ostensible. There does not seem, however, to have been sufficient justification for so grave a charge as was made by Vergennes. If the French negotiations had failed until after the overthrow of the Shelburne ministry; if Fox, on coming into power, had taken advantage of the American treaty to continue the war against France; and if under such circumstances the Americans had abandoned their ally, then undoubtedly they would have become guilty of ingratitude and treachery. There is no reason for supposing that they would ever have done so, had the circumstances arisen.

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