He had, however, had enough of slave trading. Of course, his exploit was the talk of the town, and most people were much amused over his impudent capture of the commissioners, who were compelled, in view of their written acquittal, to keep quiet. The general idea was that Surcouf had displayed qualities which would be extremely useful in the captain of a privateer; and it was not long before he was offered the command of the Emilie, of 180 tons and 4 guns. Just when she was ready for sea, however, the Governor let it be understood that, for certain reasons, he did not intend to issue any privateer commissions. This was a very keen disappointment; Surcouf obtained an interview with the Governor, who received him kindly but remained inflexible. Stifling his feelings, he sought his owners, and asked them what they were going to do. He received orders to go to the Seychelles for a cargo of turtles, and, failing these, to fill up with maize, cotton, etc., at these and other islands, and to fight shy of the cruisers that might be to windward of the island: a very tame programme.

However, he took comfort from the reflection that, although his ship was not a regular privateer, she was at least "an armed vessel in time of war"; and, as such, was permitted to defend herself when attacked; so he might yet see some fighting.

While at anchor at Seychelles, taking in cargo, two large English men-of-war unexpectedly appeared in the offing, and Surcouf only escaped by the clever manner in which he navigated the dangerous channels among the islands, to the admiration of his crew.

This incident set him thinking, and, calling his staff together, he drew up a sort of memorandum, setting forth how that they had been obliged to quit Seychelles on account of these two men-of-war, and could not return to complete their cargo; and that they had therefore resolved, by common consent, to go to the coast of "the East"—i.e. Sumatra, Rangoon, etc.—for a cargo of rice and other articles; "and at the same time to defend ourselves against any of the enemy's ships which we may encounter on the way, being armed with several guns."

This was signed by Surcouf and his officers and by some of the leading hands. No doubt it made him feel happier; but he had quite made up his mind as to his future conduct.

They got in a cyclone south of the Bay of Bengal, and then steered for Rangoon, off which place they sighted an English vessel steering for them. She came steadily on, and, when within close range, fired a shot—the "summoning shot," for the Emilie to display her colours. It was not an attack, and Surcouf had no right so to consider it; but that is what he chose to do. Hoisting his colours, he replied with three shots. The Englishman attempted to escape; but the Emilie was the faster, and, running alongside, delivered her broadside, upon which the other struck his colours.

"This was the first time," says his biographer, "that our Malouin had seen the British flag lowered to him, and though he had had only the commencement of a fight, his heart swelled with patriotic pride and beat with hope. The first shot has been fired; the captain of an armed ship in time of war gives place to the privateer commander. Surcouf arrives at a decision as to his future—he has passed the Rubicon!"

All very fine; but it was an act of piracy, for which he could have been hanged at the yardarm. He repeated it shortly afterwards, capturing three vessels laden with rice, and appropriating one, a pilot brig, in place of the Emilie, which was losing her speed on account of a foul bottom. A few days later, having now thrown away all hesitation, he seized a large ship, the Diana, also laden with rice, and started to take her, in company with his stolen brig, the Cartier, to Mauritius.

On the voyage, however, Surcouf improved upon his former captures. A large sail was reported one morning, and it was presently apparent that she was an East Indiaman. The two French ships had not made much progress down the Bay of Bengal, and the English vessel was obviously standing into Balasore Roads, there to await a pilot for the river Hooghly, unless she picked up one earlier. The account given in The Gentleman's Magazine for June 1796 states that the Indiaman—the Triton—was at anchor in Balasore Roads when she was sighted. In the latest life of Surcouf, however, written by his great-nephew and namesake, it is said that she was standing towards the Orissa coast, on the starboard tack—Balasore being, of course, in the province of Orissa, and the open anchorage a convenient place for picking up the Calcutta pilot. The difference is of some importance with regard to Surcouf's attack: it is one thing to board and carry a vessel at anchor, on a hot afternoon, when every one who is not required to be moving about is having a siesta, and quite another thing to board her when she is standing in to her anchorage, with the captain and officers on deck, and the crew standing by to handle the sails; and this latter feat is what M. Robert Surcouf claims to have been performed by his great-uncle. It is possible, however, that both accounts may, in a measure, be correct; that is to say, the Triton, when first sighted from aloft on board the Cartier, may have been standing in towards the anchorage, which she may have reached, and dropped anchor, before the Frenchman came alongside.

However this may be, Surcouf was quick enough to realise that the Indiaman, if fought in anything like man-of-war style, was far too strong for him. He had on board only nineteen persons, including himself and the surgeon, belonging to the ship, and a few Lascars who had been transferred from the Diana: a ridiculous number to attack an Indiaman.