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FORE:Such were the conditions on which this great contest was finally terminated. The Americans clearly had matters almost entirely their own way, for the English were desirous that everything should now be done to conciliate their very positive and by no means modest kinsmen, the citizens of the United States. It was, in truth, desirable to remove as much as possible the rancour of the American mind, by concessions which England could well afford, so as not to throw them wholly into the arms of France. The conditions which the Americans, on their part, conceded to the unfortunate Royalists consisted entirely of recommendations from Congress to the individual States, and when it was recollected how little regard they had paid to any engagements into which they had entered during the war��with General Burgoyne, for example��the English negotiators felt, as they consented to these articles, that, so far, they would prove a mere dead letter. They could only console themselves with the thought that they would have protected the unhappy Royalists, whom Franklin and his colleagues bitterly and vindictively continued to designate as traitors. Franklin showed, on this occasion, that he had never forgotten the just chastisement which Wedderburn had inflicted on him before the Privy Council for his concern in the purloining of the private papers of Mr. Thomas Whateley, in 1774. On that occasion, he laid aside the velvet court suit, in which he appeared before the Council, and never put it on till now, when he appeared in it at the signing of the Treaty of Independence.Amongst the most distinguished persons captured were Lords Kilmarnock, Cromarty, Balmerino, Mordington, and Lovat. Cromarty, Balmerino, and Kilmarnock were brought to trial before the peers in Westminster Hall on the 28th of July. "Cromarty," says Horace Walpole, "was a timid man, and shed tears; and Kilmarnock, though behaving with more dignity, pleaded guilty, both expressing remorse for their past conduct, and their fervent good wishes for the person and government of the king." But old Balmerino, the hero of the party, pleaded not guilty, and took exceptions to the indictment. "He is," writes Walpole, "the most natural, brave old fellow I ever saw; the highest intrepidity, even to indifference." All these noblemen were pronounced guilty. Cromarty pleaded piteously the condition of his wife and family: that he left his wife enceinte, and eight innocent children to suffer for his fault. His wife's entreaties and the interest of the Prince of Wales saved him; Kilmarnock and Balmerino were beheaded.

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