741D.62115/8–245: Telegram
The Minister in Ireland ( Gray ) to the Secretary of State
[Received 9:55 p.m.]
172. British representative informs me that on July 31 he obtained long awaited answer relative German military internees from de Valera. Irish Prime Minister attempted to exempt certain individuals but in the end agreed to deliver all Aug 13 for embarkation to Britain enroute Germany. Maffey has transmitted this information to his Govt but does not count on complete compliance till full delivery is actually effected.
I discussed with him next step relative demand for diplomatic and other officials pursuant instructions your telegram 113, July 7.27 He agreed with me that we should almost certainly be met with refusal and that consequently a feeling out approach would be futile. We think it advisable to present a note drawn for publication in anticipation of refusal. Lacking instructions from the new British Govt29 [Page 803] his position is of course delicate and his views are off record and should not be quoted. Subject of course to more complete information and subsequent instructions he agreed with the following suggestions which I proposed as points for a draft to be submitted to you.
- 1.
- The United Nations have regarded with satisfaction the Irish Prime Minister’s declaration that his Govt in the postwar period was prepared to collaborate. Citations from public addresses.
- 2.
- Opportunity for cooperation now presents itself. For purpose of preventing the resurgence of Nazi activity it is necessary that German officials be returned to Germany and the custody of the Allied Control Commission.
- 3.
- Regardless of the action of other neutrals the peculiar geographical position of Eire and its constitutional status as associated with the British Commonwealth of Nations according to recent announcement makes full and friendly cooperation by the Irish Govt to be assumed without question.
- 4.
- Whatever difference of opinion may exist as to the responsibility of the German people for their recent Govt this question cannot arise in the case of officials who served that Govt voluntarily and who after entering neutral territory were free to repudiate such Govt but continued to serve for pay. As to such the question of diplomatic immunity or international sanctuary cannot arise.
- 5.
- It is pointed out that the National Socialist Govt, served by the officials and agents in question, by its acts put itself outside the framework of international law and of the moral order. The judgement passed by the Pope in his recent manifesto leaves this in no doubt. No state recognizing the tenets of moral law, and least of all a state officially recognizing the Roman Catholic Religion, can reasonably take a different view of the Third Reich, which attempted the conquest of the world and which by sacrifice of blood the United Nations have overcome for the salvation of mankind. Quotations from the Pope.
- 6.
- The American Govt acting in the name of the United Nations, therefore requests from the Irish Govt delivery for return to Germany of all agents and officials representing the former Govt of Germany now in Eire.
Will restudy these suggestions with British colleague, unless you disapprove, and send by courier.
Legation’s telegram 39 to London 172 to Dept.