Franklin now ingeniously counteracted his earlier imprudence by reviving an old suggestion of his, that immense claims might be preferred against England on behalf of Americans whose property had been wantonly destroyed, especially by the burning and plundering of towns, and he actually presented an article providing for such compensation, and an elaborate written paper sustaining it.[85] At last the Englishmen sought final instructions from Lord Shelburne. He replied with spirit that it should be understood that England was not yet in a position to submit to "humiliation," least of all at the hands of Americans; but finally he so far yielded as to say that indemnification need not be absolutely an ultimatum. This settled the matter; the negotiators who _could_ yield _must_ yield, and they did so. A sort of compromise article was inserted: "that Congress should recommend to the state legislatures to restore the estates, rights, and properties of real British subjects." The American envoys knew that this was worthless, and the English negotiators certainly were not deceived. But the article sounded well, and gave at least a standing ground for the ministry to defend themselves.[86] [Note 85: Franklin's _Works_, viii. 218, text and note.] [Note 86: It is not without interest in this connection to remark that Franklin was very ill disposed towards the "loyalists," having scant toleration for their choice of a party. For a man of his liberality and moderation his language concerning them was severe. He objected to calling them "loyalists," thinking "royalists" a more correct description. To indemnification of their losses by Parliament he had "no objection," for the damnatory reason that "even a hired assassin has a right to his pay from his employer." Franklin's _Works_, ix. 133. He often spoke in the like tone about these people. See, for example, _Works_, ix. 70, 72. But when the war was over and the natural mildness of his disposition could resume its sway, he once at least spoke more gently of them. _Ibid_. 415.] On November 30 the articles were at last signed, with the stipulation that they were for the present merely preliminary and provisional, and that they should be executed as a definitive treaty only simultaneously with the execution of a treaty of peace between France and England.