According to their later testimony some members of the party proposed resistance to any force that might come to arrest them. But by this time Colonel Burr perceived that matters had gone far enough. It no doubt occurred to him also that resistance to the civil authorities would be most incriminating. Since he was going to base his defense on innocence of any wrongdoing he must act in accordance with that assumption.
Therefore, as any innocent man would have done on learning that charges had been preferred against him and that he was, so to speak, a fugitive from justice, Burr hastened to vindicate himself by seeking out Acting Governor Meade and surrendering at discretion. He was taken to the village of Washington, then the capital of Mississippi Territory, where a grand jury was summoned and the territory’s attorney general, one Poindexter, tried to get out an indictment against him. Again, as in Kentucky, the Colonel’s bravado stood him in good stead. The grand jury not only refused to indict him but took the territorial officials to task for having arrested Burr and his men without cause.
But the Colonel knew that the respite was only temporary, since the Federal authorities were hot on his trail. So, on February 1, after assuring his followers that he would rejoin them shortly, he assumed a disguise and fled.
Once more Blennerhassett, Tyler, Floyd, and the rank and file of the now pathetic little band, were arrested and placed under guard. But they were treated with humanity and permitted occasionally to walk about with no restraint more binding than their own honor. As soon as the excitement died down they were set free.
After her distressing experience on the island Margaret Blennerhassett, accompanied by the boys, took refuge in Natchez, Mississippi. There she was joined by her husband. Curious to know the condition of his property Harman set out in June to visit it. He had reached Lexington, Kentucky, when on the 25th the news of the proceedings in Richmond caught up with him and he was arrested. He at once called in Henry Clay to defend him but, in spite of that able counsel, the court refused to grant a release.
On July 14. Blennerhassett wrote to his wife that a messenger, after making a rapid journey from Richmond, had brought him intelligence of his indictment with Colonel Burr on the charges of treason and misdemeanor. “I have no idea of attempting an escape,” he assured her. “I feel conscious of all want of law or evidence to convict me.”
At this point his letter was interrupted by the arrival of a Mr. David Mead who had come to arrest him on the part of the United States. “He is an amiable, kind young man, with whom I shall set out in a few days for Richmond.”
Four days later, from jail, Blennerhassett wrote again asking Mrs. Blennerhassett to look for the copy of the first letter he had written to Burr which he thought he might need for his defense. He also asked her for any letters she could find from Burr to her. Nor was his present predicament to interfere with his artistic pursuits if he could help it. He directed Margaret to forward also “the morocco case, containing my music and the two sheets of manuscript I lent Mrs. Wallace, with my spectacles.”
At last Blennerhassett’s slow mind was beginning to perceive the manner in which he had been exploited by Colonel Burr. To his wife he confided: “I am extremely sorry to find the injury to private individuals of this country in consequence of a baseless authority for Burr’s financial operations here last autumn far exceeding my greatest suspicions. If it be shown that he had not funds and friends pledged to him to warrant his drafts, his conduct would appear nefarious enough to displace all the friendships he ever formed.”
Burr was aware of the danger to himself that lay in the possible defection of Blennerhassett. As early as May 21 he had written him from Richmond: “I have barely time ... to assure you and Mrs. Blennerhassett of my devoted attachment and regard, and to express my sympathy for all the vexations you have encountered.” From then on he was to exert every effort to keep his alleged co-conspirator in line.