hat, even if
negligence is shown, it cannot be the proximate cause of the loss or
damage if an independent illegal act or a third party intervenes to
cause the loss.

The question, then, is whether the act of the German submarine commander
was an illegal act.

[Sidenote: International law.]

The United States courts recognize the binding force of international
law.

At least since as early as June 5, 1793, in the letter of Mr. Jefferson,
Secretary of State, to the French Minister, our Government has
recognized the law of nations as an "integral part" of the laws of the
land.

To ascertain international law, "resort must be had to the customs and
usages of civilized nations; and, as evidence of these, to the works of
commentators and jurists. * * * Such works are resorted to by judicial
tribunals * * * for trustworthy evidence of what the law really is."

Let us first see the position of our Government, and then ascertain
whether that position has authoritative support. Mr. Lansing, in his
official communication to the German Government dated June 9, 1915,
stated:

[Sidenote: Mr. Lansing's communication.]

[Sidenote: Responsibility of the German Government.]

[Sidenote: A principle of humanity.]

"But the sinking of passenger ships involves principles of humanity
which throw into the background any special circumstances of detail that
may be thought to affect the cases, principles which lift it, as the
Imperial German Government will no doubt be quick to recognize and
acknowledge, out of the class of ordinary subjects of diplomatic
discussion or of international controversy. Whatever be the other facts
regarding the _Lusitania_, the principal fact is that a great steamer,
primarily and chiefly a conveyance for passengers, and carrying more
than a thousand souls who had no part or lot in the conduct of the war,
was torpedoed and sunk without so much as a challenge or a warning, and
that men, women, and children were sent to their death in circumstances
unparalleled in modern warfare. The fact that more than one hundred
American citizens were among those who perished made it the duty of the
Government of the United States to speak of these things and once more
with solemn emphasis to call the attention of the Imperial German
Government to the grave responsibility which the Government of the
United States conceives that it has incurred in this tragic occurrence,
and to the indisputable principle upon which tha