These doings were not unnoticed, nor yet uncommented upon in the town of Kingston. The commandant of the troops—Major Harvey of the artillery—made serious representations to the governor.
"What do you suspect?" asked the governor, who was a slow-witted man, broken down with fevers and port wine.
"I suspect," said the soldier, "that it is Stede Bonnet over again."
Now, Stede Bonnet was a planter of high reputation and religious character who, from some sudden and overpowering freshet of wildness in his blood, had given up everything in order to start off pirating in the Caribbean Sea. The example was a recent one, and it had caused the utmost consternation in the islands. Governors had before now been accused of being in league with pirates, and of receiving commissions upon their plunder, so that any want of vigilance was open to a sinister construction.
"Well, Major Harvey," said he, "I am vastly sorry to do anything which may offend my friend Copley Banks, for many a time have my knees been under his mahogany; but, in face of what you say there is no choice for me but to order you to board the vessel and to satisfy yourself as to her character and destination."
So at one in the morning Major Harvey, with a launchful of his soldiers, paid a surprise visit to the "Ruffling Harry," with the result that they picked up nothing more solid than a hempen cable floating at the moorings. It had been slipped by the brig, whose owner had scented danger. She had already passed the Palisades, and was beating out against the north-east trades on a course for the Windward Passage.
When, upon the next morning, the brig had left Morant Point a mere haze upon the Southern horizon, the men were called aft, and Copley Banks revealed his plans to them. He had chosen them, he said, as brisk boys and lads of spirit, who would rather run some risk upon the sea than starve for a living upon the shore. King's ships were few and weak, and they could master any trader who might come their way. Others had done well at the business, and with a handy, well-found vessel, there was no reason why they should not turn their tarry jackets into velvet coats. If they were prepared to sail under the black flag, he was ready to command them; but if any wished to withdraw, they might have the gig and row back to Jamaica.
Four men out of six-and-forty asked for their discharge, went over the ship's side into the boat, and rowed away amidst the jeers and howlings of the crew. The rest assembled aft, and drew up the articles of their association. A square of black tarpaulin had the white skull painted upon it, and was hoisted amidst cheering at the main.
Officers were elected, and the limits of their authority fixed. Copley Banks was chosen captain; but, as there are no mates upon a pirate craft, Birthmark Sweetlocks became quartermaster, and Israel Martin the boatswain. There was no difficulty in knowing what was the custom of the brotherhood, for half the men at least had served upon pirates before. Food should be the same for all, and no man should interfere with another man's drink! The captain should have a cabin, but all hands should be welcome to enter it when they chose.
All should share and share alike, save only the captain, quartermaster, boatswain, carpenter, and master gunner, who had from a quarter to a whole share extra. He who saw a prize first should have the best weapon taken out of her. He who boarded her first should have the richest suit of clothes aboard of her. Every man might treat his own prisoner, be it man or woman, after his own fashion. If a man flinched from his gun, the quartermaster should pistol him. These were some of the rules which the crew of the "Ruffling Harry" subscribed by putting forty-two crosses at the foot of the paper upon which they had been drawn.