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.

Piracy is an offence against the universal law of society, a pirate
being according to Sir Edward Coke, _stis humani generis_. As,
therefore, he has renounced all the benefits of society and government,
and has reduced himself to the savage state of nature, by declaring war
against all mankind, all mankind must declare war against him; so that
every community has a right by the rule of self-defense, to inflict that
punishment upon him which every individual would in a state of nature
otherwise have been entitled to do, for any invasion of his person or
personal property. By various statutes in England and the United States,
other offences are made piracy. Thus, if a subject of either of these
nations commit any act of hostility against a fellow subject on the high
seas, under color of a commission from any foreign power, this act is
piracy. So if any captain of any vessel, or mariner, run away with the
vessel, or the goods, or yield them up to a pirate voluntarily, or if
any seaman lay violent hands on his commander, to hinder him from
fighting in defence of the ship or goods committed to his charge, or
make a revolt in the ship, these offences are acts of piracy, by the
laws of the United States and England. In England by the statute of 8
George I, c. 24, the trading or corresponding with known pirates, or the
forcibly boarding any merchant vessel, (though