Office of the Historian

865.30/35: Telegram

The Ambassador in Spain (Hayes) to the Secretary of State

Madrid, September 13, 1943—6 p.m.
[Received September 14—5:03 a.m.]

2567. My 2555, September 12, 2 p.m. Inasmuch as the record so far indicates that Italian warships in Port Mahon requested fuel within the terms of article XIX of the Thirteenth Hague Convention72 and failed to obtain fuel and depart only because fuel was not available, may we not take position that the 24 or 48 hours within which the vessels must depart should be counted from the time fuel is made available to them, in which case I assume we can take steps to see that supplies of fuel are made available at Port Mahon. Foregoing based on assumption vessels to be considered belligerent.

I am addressing note to Foreign Office73 requesting that these vessels be allowed to continue their journey and offering cooperation to ensure that fuel is made available if not available at present.

[Page 713]

British Naval Attaché has been informed that Italian Naval Attaché is being instructed to cooperate with his American and British colleagues in this matter but we have not yet contacted him.

Repeated to Algiers.

Hayes
  1. Signed October 18, 1907, Foreign Relations, 1907, pt. 2, p. 1239.↩
  2. Infra.↩