811.248/798: Telegram
The Minister in Ireland (Gray) to the Secretary of State
[Received 8:12 p.m.]
239. Pursuant to instructions in your No. 5675 received via Winant in his number 57, November 28, noon, this morning I discussed the possible internment of American airmen grounded on Eire soil with Walshe of External Affairs. I told him that with the probable increase of American forces in Northern Ireland, mistakes would be inevitable and American aircraft would be grounded south of the border. I said that my Government was reluctant to accept the [Page 774] precedent of internment as, of course, set by the British Government until the subject had been very carefully examined; that my Government felt that no settled ruling in international law thus far crystallized and that it naturally preferred to reserve full rights of action until all aspects of the question had been carefully examined. (I said that in the view of the American Government there was a clear distinction in fact between such air bases as might be established in Northern Ireland which were in fact essentially training bases and operational combatant bases.) I asked him if his Government was prepared to recognize in principle the distinction between operational flights which were clearly for combatant purposes and non-operational flights which were essentially either for purposes of transportation or of training. I said that the American Government took the view that non-operational flights being non-combatant in character were not subject to internment in case of grounding on neutral territory whatever might be the liabilities of pilots grounded during operational flights.
Mr. Walshe said that he believed his Government would recognize this distinction. I asked him if he was prepared to reduce this understanding to writing and he said that [he had no objection?] to an exchange of notes in this sense if it were understood that they were not for publication during the emergency. I said that I saw no reason why they should be made public as my Government chiefly desired an explicit understanding with the Irish Government on this point in order to reserve from internment such American pilots who might be grounded as could be shown were engaged in non-operational flights.
I then asked him if the Irish Government were willing to agree to a reservation on the part of the American Government as to its course of action in the case of air crews grounded in the course of flights that must be conceded to be operational. I said that I was not authorized to say that the American Government would dispute the right and responsibility of the Irish Government to intern under such conditions, but only that the American Government wished to reserve the right fully to explore this question to the end of not being bound by the precedent of internment of an American pilot grounded on Eire soil during an operational flight. He said he thought the Irish Government would be willing to take this view of the question, but that he would have to submit it to his Minister, Mr. de Valera, before giving me a definite answer.
His attitude was very friendly. He laid weight on the importance of suppressing announcements of internments in the press since if groundings were not made public the Irish Government could exercise much more freedom in construing such incidents as having occurred [Page 775] during non-operational flights. I said that as long as the suppression of publicity was used in this sense I saw no objection to it.
It was agreed that he should consult his Minister and that we should confer at a later date.
He readily recognized the presumption that German planes grounded on Eire soil were engaged in operational flights.
London informed.