New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-10-30
THE CASE OF THE U-53
By JAMES M. BECK
Author of "The Evidence in the Case"

his satisfaction with the attitude OF
this government with respect 20 the
admission Of German submarines 10
our ports, where they can replenish
their stocks of fuel and food and OBJ
tain the necessary information to en-
able them TO proceed again TO sea and
destroy merchant marine and leopard
ize the lives of our citizens.
This public acknowledgment followed
a visit which the German Ambassador
made to President Wilson's summer
home after the sinking Of these fve
vessels, and on leaving Shadow Lawn
Count Won Bernstorf made the highly
humorous and tactful remark that Ger
many keeps all its pledges everywhere,
remark which is calculated TO eX-
cite some amazement and derision IN
Belgium and elsewhere. Count Won
Bernstorff might well smile and Herr
Alfred Zimmerman might well indulge
in public expressions of qualification,
for President Wilson, as will here
after appear, had said on April 16,
1916, in explicit language, that If Ger
many should again sacrifice or Jeop-
ardize the lives of non-combatants
by the use of it's submarines the Ger
man Ambassador would be given his
passports.
If the question is put on no higher
plane than dollars and cents, 1t is
amazing that with continuing losses to
our commerce of many millions of dol
lars the United States does not venture
10 do that which Holland and Norway
have done-namely, to restrict the un-
limited access of submarines to our
harbors and territorial waters.
Extra Territorial Rights Limited
The extra-territorial rights Of for
eign warships in our waters exist only
by courtesy and the comfy of ma
tons. America, without departing from
its policy of neutrality, could at any
time forbid the entrance into its ter
ritorial waters of any warships, pro-
vided that the prohibition applied
equally to all belligerents. The right
of total prohibition being clear, 1t
would be equally within the compe-
tence of the United States as SOW
ereign power to forbid the entrance OF
any particular class of warships, and,
as the submarine is comparatively
new method of warfare and its exact
status under international law has not
yet been clearly established, it is with
in the power of the United States to
deny access to its harbors of all sub
marines.
Only in this way can the submarine
question be settled and the danger Of
war be minimized, for at present the
peaceful relations between the United
States and Germany hang on thread,
being dependent upon the prudence
and discretion Of any submarine COM
mander.
Far from recognizing this obvious
peril, the Wilson Administration sig
nalized the sinking of these five ships
on October by making public for the
first time a note, previously addressed
by it to the Allied nations, in which
it is said:
In order however. that there should
be no misunderstanding as to the atti-
tude Of the United States. the govern
rnent of the United States announces TO
the Allied powers that it holds it 20 be
the duty Of begerent powers 70 dis
tingush between submarines Of neutral
and beigerent nationality and that re-
sponsibility for any conflict that may
arise between belligerent warshps and
neutral submarines on account OF the
neglect of a belligerent 10 so distinguish
between these classes Of submarines must
rest entirely upon the negligent power.