114 Eggleston to Department of External Affairs

Cablegram S19 CHUNGKING, 3 February 1943, 1.30 p.m.

PRIORITY MOST IMMEDIATE

Your telegram S.C.3. [1] While I appreciate the strength of your argument I feel that having submitted the proposals to the Chinese Government for the Treaty [2] it is most desirable that we should first inform the Chinese that we will not go beyond the Articles contained in my telegram S. 17 of January 31st. [3] If they withdraw the counter proposals leaving the Treaty without Articles 5 to 7 I feel that we are morally bound to sign, since such a Treaty was what we ourselves proposed. Withdrawal from the Treaty at this stage would suggest that we are afraid of the immigration issue being raised whereas we have a good reason for not signing the extra Chinese Articles. I agree that the exchange of notes is preferable in principle but having asked for a Treaty it will be difficult to withdraw our proposal and substitute the exchange of notes. If the Chinese refuse to sign without Articles 5, 6 and 7 of their counter proposals then we can suggest the exchange of notes.

I urge serious consideration of this aspect and will take no further action pending your instructions.

EGGLESTON

1 Document 111.

2 See Document 106.

3 See Document 110, note 2.

[AA:A989, 43/305/2, v]