In the spring in 1795, Surcouf took command of the 180-ton, privateer schooner Modeste, renamed Émilie, with a 32-man crew and four 6-pounder guns, armed by Malroux and Levaillant.
Governor Malartic refused to provide a lettre de marque and ordered Émilie to go to the Seychelles to purchase tortoises as food for Isle de France.

Émilie departed on 3 September 1795 with a congé de navigation authorising her to defend herself, but not to take prizes as a privateer.
The next day, she made a port call at Saint-Denis before cruising to Mahé.
At Sainte Anne Island, two large British ships chased him, but he was able to evade them by sailing through the reefs, at night.

Surcouf then decided to sail to the Mergui Archipelago to load a rice cargo.
On 8 December 1795, while in transit, cruising off the Ganges Delta, Surcouf captured his first prize, the ship Penguin, loaded with lumber, on which he detached a prize crew under Lieutenant Péru before sending her to Isle de France.

On 19 January 1796, Surcouf met the pilot ship Cartier leading two merchantmen, the Russel and Sambolasse, through the Ganges delta.
He attacked and captured them, finding the merchantmen to be carrying rice.
After detaching prize crews, Surcouf transferred his command, along with his remaining 22 crew members and Émilie's four guns, to Cartier, which (according to Ambroise Louis Garneray) he renamed Hasard.
Surcouf then sent Émilie, under Lieutenant Croizet, together with his prizes, to Isle de France.

On the night of 28 January, Surcouf captured the 12-gun Diana, loaded with 6000 bags of rice.
The next day, Cartier met a 26-gun Indiaman, Triton, armed with 12-pounders and a 150-man crew; having decided to attack, and recognising only too late the overwhelming superiority of his opponent, Surcouf, feeling threatened and unable to flee, decided to board her with his 26 men.
After haranguing his men, he approached under a British flag, before hoisting French colours at the very last moment and launching a violent assault.
In the ensuing 45-minute battle, Triton suffered 5 wounded and 10 killed, including her captain, Captain Burnycat, and the first officer, Picket; The prisoners were transferred to Diana, which Surcouf released against a 30,000 rupee ransom.

Surcouf returned to Ile de France with his prizes, where he arrived on 10 March 1796, although Hasard was captured by HMS Victorious on the journey back.
As Émilie had been armed as a merchant rather than a privateer, the Prize court seized her prizes and sold them for the benefit of the State, although their capture was declared to be legal.
Surcouf returned to France to claim his prize money, and on 3 September 1797, the government finally granted him 660,000 francs, of which he only received 80,000.
In the spring in 1795, Surcouf took command of the 180-ton, privateer schooner Modeste, renamed Émilie, with a 32-man crew and four 6-pounder guns, armed by Malroux and Levaillant. Governor Malartic refused to provide a lettre de marque and ordered Émilie to go to the Seychelles to purchase tortoises as food for Isle de France.
Émilie departed on 3 September 1795 with a congé de navigation authorising her to defend herself, but not to take prizes as a privateer. The next day, she made a port call at Saint-Denis before cruising to Mahé. At Sainte Anne Island, two large British ships chased him, but he was able to evade them by sailing through the reefs, at night.
Surcouf then decided to sail to the Mergui Archipelago to load a rice cargo. On 8 December 1795, while in transit, cruising off the Ganges Delta, Surcouf captured his first prize, the ship Penguin, loaded with lumber, on which he detached a prize crew under Lieutenant Péru before sending her to Isle de France.
On 19 January 1796, Surcouf met the pilot ship Cartier leading two merchantmen, the Russel and Sambolasse, through the Ganges delta. He attacked and captured them, finding the merchantmen to be carrying rice. After detaching prize crews, Surcouf transferred his command, along with his remaining 22 crew members and Émilie's four guns, to Cartier, which (according to Ambroise Louis Garneray) he renamed Hasard. Surcouf then sent Émilie, under Lieutenant Croizet, together with his prizes, to Isle de France.
On the night of 28 January, Surcouf captured the 12-gun Diana, loaded with 6000 bags of rice. The next day, Cartier met a 26-gun Indiaman, Triton, armed with 12-pounders and a 150-man crew; having decided to attack, and recognising only too late the overwhelming superiority of his opponent, Surcouf, feeling threatened and unable to flee, decided to board her with his 26 men. After haranguing his men, he approached under a British flag, before hoisting French colours at the very last moment and launching a violent assault. In the ensuing 45-minute battle, Triton suffered 5 wounded and 10 killed, including her captain, Captain Burnycat, and the first officer, Picket; The prisoners were transferred to Diana, which Surcouf released against a 30,000 rupee ransom.
Surcouf returned to Ile de France with his prizes, where he arrived on 10 March 1796, although Hasard was captured by HMS Victorious on the journey back. As Émilie had been armed as a merchant rather than a privateer, the Prize court seized her prizes and sold them for the benefit of the State, although their capture was declared to be legal. Surcouf returned to France to claim his prize money, and on 3 September 1797, the government finally granted him 660,000 francs, of which he only received 80,000.
Robert Surcouf