191 Burton to Evatt

Cablegram 437 CANBERRA, 30 July 1947

MOST IMMEDIATE SECRET

1. Immediately following telegram contains text of statement to be made 4. p.m. today by the Prime Minister. [1]

2. India has delayed approach to Security Council as a result of message sent her and up to date no other approach has been made.

3. Prime Minister has given full consideration to all aspects, including clauses of Charter, and has firmly decided that only course is to call attention of Security Council under Article 39 and ask for an immediate cessation of hostilities and reference of both parties to Article 17 of Linggadjati Agreement calling for arbitration. Hodgson has been instructed and other Governments requested to avoid as far as possible discussion on procedure and more important to avoid discussion on merits with a view to having an immediate order for hostilities to cease. Judgement on merits will be made, if by anyone, by the third party called in under the Linggadjati Agreement.

4. The United Kingdom Government has now stated that prospects of mediation are slight and therefore there is no objection to Australia going ahead. [2] Mr. Fraser has also sent messages saying that they have reconsidered their view in the light of all facts and consider Australia has no alternative. [3] Prime Minister considers that these two messages are important to have even though there has been some delay.

5. In a difficult matter of this kind, it has been even more difficult to act without being in a position to consult you, especially as your first message contemplated the procedure of investigation. [4] The public support for immediate and decisive action is undoubted and if we can carry through action under Article 39, it will be a great achievement and be a tremendous help to the United Nations itself.

6. The Statement is sent you in clear so that you will get it before issue here and be fully informed from the point of view of making a comment.

1 See Document 195.

2 See Document 184.

3 See Documents 180 and 181.

4 See Document 142.

[AA:A1838/274, 854/10/4, i]