865.30/35: Telegram
The Secretary of State to the Ambassador in Spain (Hayes)
1957. Your 2567, September 13, 6 p.m. Article XIX of the Hague Convention of 1907 in providing that belligerent war vessels may revictual and take on fuel within limits as to quantity includes the following provision “If, in accordance with the law of the neutral Power, the ships are not supplied with coal within twenty-four hours of their arrival, the permissible duration of their stay is extended by twenty-four hours.”
The rule of 24 hours’ stay or of some other term set by the local authorities is designed to prevent a belligerent warship from taking refuge in a neutral port beyond a reasonable time. In other words [Page 714] it is for the purpose of making the ship move on. The rule concerning fuel presupposes the existence of a supply of fuel which may be taken on within the limits of quantity permitted. In making provision in Article XIX of the Hague Convention of 1907 for taking on sufficient fuel to enable the vessels to reach the nearest port in their own country, or to fill up their bunkers, the framers of the Convention did not have in mind the case of inability of the neutral port to supply fuel. It would be inequitable to invoke a 24 hour provision against a ship which is unable to obtain fuel through no fault of its own. Inasmuch as the neutral power is entitled to regulate the time for departure of the vessel it is our opinion that it should adopt an equitable attitude. Therefore it is believed that your position as expressed in the first paragraph of your telegram under reference is sound from a legal viewpoint.
You should continue to press for fuel for the vessels and permission for their departure.
Please report what types and quantities of fuel would be required to permit these ships to proceed to the nearest Allied port and availability.