At Sandwich, Colonel Prince gathered a force of local militia, made "a spirited attack" and put the invaders to flight. Four prisoners who had been taken were shot by orders of Colonel Prince, whose action was afterward severely censured by Lord Brougham and others. After the action at Sandwich the rest of the invaders either recrossed to American territory or else took to the woods, where many perished from the cold. So ended the last attempt at invasion of Upper Canada. Seven of those captured at Windsor were executed at London, including Daniel Davis Bedford and Albert Clark. The cases of these two men were discussed at two separate meetings of the Executive Council and it was decided that each of them should suffer the death penalty. In these decisions Sir George Arthur entirely concurred. The ex-governor of the penal colony was still exacting vengeance. In his defence it should be stated that the loyal section of the province, including the Executive Council, considered these men filibusters and murderers.
The treatment meted out by the Executive Council to those British subjects, American citizens and others who were taken in arms against the government of Upper Canada has been discussed at some length. This has been done for two reasons, first that it bulks so large in Sir George Arthur's official despatches, and second because it shows what complete harmony existed between Sir George and his Executive Council. Not even Sir Francis Head was more devoted to the Family Compact party. Sir George Arthur was by temperament and training entirely on the side of established authority and opposed to disaffection in all its forms. A strong conservative, he mistrusted the rule of the people and, therefore, opposed as stubbornly as possible the popular demand for Responsible Government. In this, as in other respects, Arthur found himself completely at variance with the Governor-General, the Earl of Durham.
It was unfortunate for Arthur that he was in Upper Canada during a period of unrest and transition. It was even more unfortunate for him that he was brought into contact with Lord Durham. Durham was a man of vision who sketched out a mighty scheme which took years to put into actual practice. Arthur was a man of routine who could not appreciate either Durham or his visions. Above all he mistrusted that pet project of Lord Durham, Responsible Government, and did not hesitate to say so.
The appointment of the Earl of Durham as Governor-General of the British North American provinces was deeply resented by Sir George Arthur. By virtue of his commission Durham was empowered to assume the government of the province in which he might be and to retain it during his residence in that province. During that period the functions of the Lieutenant-Governor were to be altogether suspended.[[31]] Due notice of this fact was sent each of the Lieutenant-Governors of the British North American provinces including, of course, Sir George Arthur. After receiving this notice Sir George wrote on June 5th, 1838, to Lord Glenelg, complaining of this arrangement. He based his case against it on his experience in Van Diemen's Land, which was during his tenure of office there a dependency of New South Wales, and called to Lord Glenelg remembrance a conversation he had had with him on the subject. In fact, as Arthur reminds Glenelg, the terms on which he consented to become Lieutenant-Governor of Upper Canada were that no change of that sort would be made.
Three days after writing thus to Lord Glenelg Sir George Arthur received a circular letter from Lord Durham requesting him "to enter into the most free and confidential communication ... on all subjects affecting the province of Upper Canada, both as regards its internal condition and the state of affairs on the frontiers."[[32]] Lord Durham included in this letter the following paragraphs in order to allay the suspicion that might exist in Arthur's mind that he wished to diminish the Lieutenant-Governor's authority,
"Your Excellency will of course understand that this request does not contemplate any interference with your administration of the government, but refers to the necessity which exists that I, as Governor-General of all the North American provinces, should be immediately informed of all matters of general interest affecting the high and important mission which has been conferred upon me.
"It will be my duty as well as my inclination to uphold your authority, not only from the respect which I must entertain for you personally, but from a due regard to the efficiency of the public service."
This circular must have mollified Arthur somewhat, or else he was too well trained a public servant to show his innermost feelings. At any rate he writes to Durham on June 9th as follows,
"I sincerely thank your Lordship for your very kind declaration of confidence in me and for the determination which your Lordship has expressed of upholding my authority.
"It is peculiarly gratifying to me to receive these assurances from your Lordship, for I ought in candour to say that from the time I received Lord Glenelg's 'Circular,' I have been very apprehensive of the embarrassment which might arise out of the new relative position in which I found myself most unexpectedly placed. The immeasurable distinction between your Lordship's station and my own must satisfy your Lordship that this has proceeded from no vain jealousy, on personal grounds, of the control of a superior. With diminished influence I feared the ability of being useful to Her Majesty's Government and to this province would be taken away; for I have to co-operate with a legislature which must have a reasonable degree of confidence of my powers to act in union with them, and to fulfil my professions.[[33]]"