But the apprehension and foreboding of the mind, when under the influence of remorse, are powerful, and every man, whether civilized or savage, has interwoven in his constitution a moral sense, which secretly condemns him when he has committed an atrocious action, even when he is placed in situations which raise him above the fear of human punishment, for
"Conscience, the torturer of the soul, unseen. Does fiercely brandish a sharp scourge within; Severe decrees may keep our tongues in awe, But to our minds what edicts can give law? Even you yourself to your own breast shall tell Your crimes, and your own conscience be your hell."
With the name of pirate is also associated ideas of rich plunder, caskets of buried jewels, chests of gold ingots, bags of outlandish coins, secreted in lonely, out of the way places, or buried about the wild shores of rivers, and unexplored sea coasts, near rocks and trees bearing mysterious marks, indicating where the treasure was hid. And as it is his invariable practice to secrete and bury his booty, and from the perilous life he leads, being often killed or captured, he can never re-visit the spot again; immense sums remain buried in those places, and are irrecoverably lost. Search is often made by persons who labor in anticipation of throwing up with their spade and pickaxe, gold bars, diamond crosses sparkling amongst the dirt, bags of golden doubloons, and chests, wedged close with moidores, ducats and pearls; but although great treasures lie hid in this way, it seldom happens that any is so recovered.
By the universal law of nations, robbery or forcible depredation upon the "high seas," _animo furandi_, is piracy. The meaning of the phrase "high seas," embraces not only the waters of the ocean, which are out of sight of land, but the waters on the sea coast below low water mark, whether within the territorial boundaries of a foreign nation, or of a domestic state. Blackstone says that the main sea or high sea begins at low water mark. But between the high water mark and low water mark, where the tide ebbs and flows, the common law and the Admiralty have _divisum imperium_, an alternate jurisdiction, one upon the water when it is full sea; the other upon the land when it is ebb. He doubtless here refers to the waters of the ocean on the sea coast, and not in creeks and inlets. Lord Hale says that the sea is either that which lies within the body of a country or without. That which lies without the body of a country is called the main sea or ocean. So far then as regards the states of the American union, "high seas," may be taken to mean that part of the ocean which washes the sea coast, and is without the body of any country, according to the common law; and so far as regards foreign nations, any waters on their sea coasts, below low water mark.