missioners evinced a desire to treat with
England alone. Mr. Oswald, as early as July, 1782, wrote privately to
Lord Shelburne, "The Commissioners of the colonies have shown a desire
to treat and to end with us on a separate footing from the other
Powers." "The separate negotiation thus arising was delayed," says Lord
Mahon, "first by the severe illness of Dr. Franklin, and next by some
points of form in the commission of Mr. Oswald. When at length the more
solid part of the negotiation was commenced, the hints of Franklin for
the cession of Canada were quietly dropped, with greater case from their
having been transmitted in a confidential form. It is also worthy of
note that Lord Shelburne prevailed, in his desire of acknowledging the
independence of the United States, by an article of the treaty, and not,
as Mr. Fox had wished, by a previous declaration."

The two most difficult questions of the treaty related to the fishing
grounds of Newfoundland, and the Loyalists or "Tories," as they were
called. The English were unwilling to concede the use of the fishing
grounds, but the Americans were firm; the result was, that by the
provisions of the treaty it was agreed that the Americans should have
the right to take fish on the banks of Newfoundland, but not to dry or
cure them on any of the King's settled dominions.[60]

But the question which transcended all others in importance, with which
this work has chiefly to do, was that of the Loyalists--a class which,
by the testimony of American historians themselves, constituted, at the
beginning of the war, a majority of the population of the colonies.
Their numbers had been greatly reduced from various causes during the
war; they had been plundered and scattered by the alternate ascendancy
of opposite parties; they had all of them suffered in their property and
liberty; many of them had suffered imprisonment, and not a few of them
had been executed as criminals for preferring their oath of allegiance
and connection with the mother country to a renunciation of their former
profession of faith, and absolute submission to a newly self-created
authority of rule and a new political creed. At the conclusion of the
war, and in the treaty of peace, "the question of Loyalists or Tories,"
says Lord Mahon, "was, as it ought to be, a main object with the British
Government to obtain, if possible, some restitution to the men who, in
punishment for their continued allegiance to the King,