Wilkinson increased the alarm by orders he gave in New Orleans as governor of Louisiana Territory. He began to make military arrests, locking up all those he distrusted, and all those who were admirers of Aaron Burr. He had gunboats stationed in the river, and they were ordered to fire on Burr's fleet if it ever got that far, and he refused to allow any boats to ascend the Mississippi without his express permission. All this preparation caused great excitement in New Orleans, which spread through the neighboring country. It seemed as if General Wilkinson were trying to force the people to believe there was some great conspiracy on foot.
The colonel and his allies tried to explain that their fleet of boats was simply to carry settlers, arms and provisions into the Bastrop tract of land that they had bought; but by now nobody would believe them. On December 9, 1806, the boats that Blennerhassett had been gathering on the Muskingum River were seized by order of the governor of Ohio. Patrols were placed along the Ohio River, and the militia called out to capture Blennerhassett and the men with him. The next day the Virginia militia declared that they meant to find out the secret of Blennerhassett Island. The owner and his friend, Comfort Tyler, had word of this, and at once prepared for flight. At midnight they left the island and started down the Ohio by boat. The Virginia troops arrived to find the place deserted, and, leaving sentinels there, started in pursuit of Blennerhassett. The next day the sentries captured a flatboat with fourteen boys on board, who were coming from Pittsburgh to join Burr. People along the Ohio began to expect attacks from Burr's recruits. Cincinnati was especially alarmed. One of the newspapers there stated that three of Burr's armed boats were anchored near the city, which they meant to attack. That night some practical joker exploded a bomb, and the people thought that Burr's army was firing on them. The citizens armed, and the militia was called out, but when they came to inspect the boats on the river next day they found that those they thought belonged to Burr were vessels of a Louisville merchant loaded with dry-goods. No story was now too wild to be believed when it was attached to the name of Burr or Blennerhassett.
Burr now only intended to sail down to his own lands. On December 20th he sent word to Blennerhassett that he would be at the mouth of the Cumberland River on the twenty-third. Two days later he put a number of horses on one of his boats, and with a few men to help him, floated down the Cumberland River to its mouth, where Blennerhassett and the rest of their party were waiting for him. They joined their seven boats to his two vessels, and had a fleet of nine ships with about sixty men on board. On December 28th they sailed down the Ohio, and the next night anchored a little below Fort Massac.
Country people along the river saw the flotilla pass, and sent word of it to the nearest military post. The captain there stopped all ships, but found nothing suspicious on any of them. "Colonel Burr, late Vice-President," the officer reported, "passed this way with about ten boats of different descriptions, navigated with about six men each, having nothing on board that would even suffer a conjecture more than that he was a man bound to market. He has descended the river toward Orleans."
On the last day of 1806 the fleet reached the broad waters of the Mississippi River. Four days later they dropped anchor at Chickasaw Bluffs, now the city of Memphis. Again officers boarded the boats, and after examining the cargoes allowed them to go on their voyage. On January 10th they reached Mississippi Territory, and here they found the excitement intense.
The fleet was now in territory that was under the charge of General Wilkinson, and he immediately sent three hundred and seventy-five soldiers from Natchez to prevent Burr's further progress. On January 16th two officers rowed out to the boats, and were received pleasantly by Colonel Burr, who laughed at General Wilkinson's suspicions, and, pointing to his peaceful flotilla, asked if it looked as if it were meant for war? When he was told that the soldiers had orders to stop him, he answered that he was willing to appear in court at any time. This satisfied the two officers, who asked him to ride next day to the town of Washington, which was the capital of Mississippi Territory, and appear before the court there. Burr agreed, and early next morning rode to Washington with the two officers who had called on him. There he was charged with having conspired against the United States government. His friends on the river remained on their boats, waiting for his return. The expedition never went any farther.
Burr promised to stay in the Territory until the charges against him were cleared up. His charm of manner won him many friends, and people would not believe him a traitor. When the grand jury met they decided that Aaron Burr was not guilty of treason. The judge, however, would not set him free, and Burr realized that General Wilkinson was using all his power against him. He thought that his only chance of safety lay in defying the court, and taking the advice of some friends fled to a hiding-place near the home of Colonel Osmun, an old acquaintance. He meant to leave that part of the country, but the severe weather blocked his plans. Heavy rains had swollen all the streams, and he had to change his route. He set out with one companion, but had to ask a farmer the road to the house of Colonel Hinson. The farmer suspected that one of the horsemen was Aaron Burr, and knew that a large reward had been offered for his capture. He carried his news to the sheriff, and then to the officers at Fort Stoddert. A lieutenant from the fort with four soldiers joined the farmer, and, mounting fast horses, they rode after the two men. Early the next morning they came up with them. The lieutenant demanded in the name of the government of the United States whether one of the horsemen was Colonel Burr. Aaron Burr admitted his name, and was put under arrest. He was taken to the fort, and held there as a fugitive from justice.
The cry of "Treason in the West" had been heard all over the country. The great expedition against Mexico had dwindled to a small voyage to settle certain timber-lands. The formidable fleet was only nine ordinary river boats. The army of rebels had shrunk to less than sixty peaceful citizens; and the store of arms and ammunition had been reduced to a few rifles and powder-horns. Moreover Aaron Burr had neither attempted to fight nor to resist arrest. He had merely fled when he thought he stood little chance of a fair trial. Yet the cry of treason had so alarmed the country that the government found it necessary to try the man who had so nearly defeated Jefferson for the Presidency.
Orders were sent to bring Aaron Burr east. After a journey that lasted twenty-one days the prisoner was lodged in the Eagle Tavern in Richmond, Virginia. Here Chief-Justice Marshall examined the charges against Burr, and held him in bail to appear at the next term of court. The bail was secured, and on the afternoon of April 1st Burr was once more set at liberty. From then until the day of the trial interest in the case grew. Everywhere people discussed the question whether Aaron Burr had been a traitor to his country. By the time for the hearing of the case feeling against him ran high. When court met on May 22, 1807, Richmond was crowded with many of the most prominent men of the time, drawn by the charges against a man who had so lately been Vice-President.
It was not until the following August that Colonel Burr was actually put on trial. The question was simply whether he had planned to make war against the United States. There were many witnesses, led by the faithless General Wilkinson, who were ready to declare that the purpose of the meetings at Blennerhassett Island was to organize an army to divide the western country from the rest of the republic. Each side was represented by famous lawyers; and the battle was hard fought. In the end, however, the jury found that Aaron Burr was not guilty of treason. No matter what Burr and Blennerhassett and their friends had planned to do in Mexico, the jury could not believe they had been so mad as to plot a war against the United States.