852.00/8063: Telegram

The Ambassador in the United Kingdom (Kennedy) to the Secretary of State

497. In brief comment this afternoon on recent bombing of British ships in Spanish waters, a Foreign Office official said that a reply had been received from Franco to the British protest, regretting any incidental loss of British lives but refusing to recede from the position that he must prevent materials carried on these ships, which he classifies as contraband, from reaching his enemies. This question of what is contraband, it was stated by the Foreign Office is the real crux of the matter as it involves items, such as coal, which are not officially contraband but which Franco maintains aid the enemy forces in carrying on the war against him. Franco’s reply likewise refused to guarantee that no British ships would be bombed in the future, stating that the bombing planes have to fly so high that they can not always distinguish the nationality of ships. It is further alleged that these ships are often berthed in proximity to military objectives. Needless to say Franco strenuously denies British ships have been singled out for attack.

No decision apparently has been taken as to how this situation is to be met. The Prime Minister is still away on a short holiday and upon his return according to the Foreign Office the question will be taken up with him and put before the Cabinet.

Kennedy