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206 changed for Lord Cornwallis, had now joined his colleagues, just in time to take a share in the final discussions. The interview began by Strachey "clearly telling the American Commissioners that the restitution of the property of the Loyalists was the grand point upon which a final settlement depended. If the treaty should break off, the whole business must go loose, and take its chance in parliament." The American Commissioners now practically stood alone, and to a certain extent felt the consequences of their isolation. After long discussions they agreed that there should be no further confiscations of property nor prosecutions of Loyalists, and that all pending prosecutions should be discontinued. They further practically accepted the idea which Oswald had put forward a few days previously; and it was agreed that Congress should recommend to the Legislatures of the several States, an amnesty and the restitution of all confiscated property. With regard to the fishery the British Commissioners yielded. On the other hand, the fourth article which was intended for the security of creditors before the war was extended to all creditors.

There was now nothing further to settle. The only question was whether the British Commissioners could venture to sign without consulting their principals. Franklin was really anxious to conclude; on the other hand, he threatened that if there was any further delay he would reopen the question of the Loyalists, and the British Commissioners knowing that they had everything to lose and nothing to gain by delay, decided to sign at once.

To save the consciences of the American Commissioners, and to give them a technical defence against the inevitable complaints of France, the Articles now signed were declared in the Preamble to be those "to be inserted in and to constitute the Treaty of Peace," but the Treaty it was declared "was not to be concluded until terms of a Peace shall be agreed upon between Great Britain and France."