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The Fathers of the Constitution; a chronicle of the establishment of the Union by Max Farrand
page 16 of 193 (08%)
justice were reinforced by the important consideration that many
of those with property and financial interests in America were
relatives of influential persons in England. The immediate
necessity during the war had been partially met by assisting
thousands to go to Canada--where their descendants today form an
important element in the population and are proud of being United
Empire Loyalists--while pensions and gifts were supplied to
others. Now that the war was over the British were determined
that Americans should make good to the Loyalists for all that
they had suffered, and His Majesty's Commissioners were hopeful
at least of obtaining a proviso similar to the one relating to
the collection of debts. John Adams, however, expressed the
prevailing American idea when he said that "paying debts and
compensating Tories" were two very different things, and Jay
asserted that there were certain of these refugees whom Americans
never would forgive.

But this was the one thing needed to complete the negotiations
for peace, and the British arguments on the injustice and
irregularity of the treatment accorded to the Loyalists were so
strong that the American Commissioners were finally driven to
the excuse that the Government of the Confederation had no power
over the individual States by whom the necessary action must be
taken. Finally, in a spirit of mutual concession at the end of
the negotiations, the Americans agreed that Congress should
"recommend to the legislatures of the respective states to
provide for the restitution" of properties which had been
confiscated "belonging to real British subjects," and "that
persons of any other description" might return to the United
States for a period of twelve months and be "unmolested in their
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