The fishing concession to France herein contained was wholly inexcusable. The latter country was in no position to refuse terms, and an absolute reservation of all fishing rights should have been insisted on in the interests of the colony. A culpable Ministry, short-sightedly regarding Newfoundland as little more than a fishing-station, chose rather to make a graceful concession, and we inherited the consequences in our Newfoundland Fisheries controversy with France, which lasted for nearly two centuries. However, the half century following the Treaty of Utrecht--an important turning-point in the history of the colony--marks a period of progress; and after another Anglo-French conflict, from which the English emerged victorious, we find in the ensuing half century the establishment of a definite policy of colonial permanence. The abuses connected with the admirals' jurisdiction had been partially corrected by the authority, on appeal from them, of the King's commanders stationed off the island. Still, the evils were very real, and extorted recognition even from the gang of west country monopolists who strangled for so long the growth of the island. We find a recommendation offered by them to the Board of Trade with astounding assurance, that the 3000 odd men, women, and children, who by this time composed the population of Newfoundland, "should be encouraged to settle in Nova Scotia--as they might be of service there, where inhabitants were wanted." The colonists themselves had other and better remedies. A spontaneously elected Assembly passed ordinances which attest the sincerity of the general desire for reform. In 1728 the informing zeal of Lord Vere Beauclerk elicited a decisive step from the Board of Trade, and Captain Henry Osborne was appointed the first Governor of Newfoundland (1729), with authority to appoint justices of the peace. Even at such a moment the cloven hoof of prejudice peeped through, and Osborne and his justices were explicitly warned to interfere in no way with the privileges of the admirals, as defined by 10 and 11 William III. Governor Osborne addressed himself to his duties with great energy. He appointed justices and constables, carved the island into districts, and erected prisons and stocks. His influence was weakened by his departure when the season ended, for till the nineteenth century the governors, like the fish, were migratory. A tedious quarrel followed between the justices and the admirals as to the limits of their respective jurisdictions; the admirals, whose wits seem to have been sharpened by judicial practice, insisting that their own authority was derived from statute, whereas that of the justices merely rested upon an Order in Council.