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.  While I appreciate the strength of your argument I feel that having submitted the proposals to the Chinese Government for the Treaty  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.  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.