Beautifully said Alan! and again, thank you for bringing this most applicable perspective on the definition of the term pirate, and its convenient distortion in legal parlance. This absolutely brings perspective to our discussion not typically seen in the standard references.
Fernando, thank you for bringing in the historical perspective of piracy overall, and indeed privateers were pirates, however 'licensed' with letters of marque. The problem was, the very thin line of observation in exercising those letters of marque, using privately owned ships to prey on enemy shipping, in sort of an 'outsourced' concept. Since the pay of the seamen depended virtually on the materials and loot acquired in these ventures, often when no enemy vessels were available, mutinous conditions arose. This was essentially one of the problems encountered by Kidd, and others likewise turned to any vessel they encountered with good promise of bounty.
Rick, I think the money they discovered on Gardiners Island was probably deliberately planted as backup in just the situation that ensued. I often wonder if there was indeed more found and the proceeds deliberately undeclared and distributed among his unscrupulous 'partners'. Getting rid of Kidd certainly eliminated the key witness !
I think the 'treasure' is in the tale itself, and the adventures that guarantee speculators, tourism and the never ending search for it
All best regards,
Jim