428 Burton to Kirby

Cablegram 360 CANBERRA, 21 November 1947

TOP SECRET PERSONAL

I am sorry if my telegram 349 [1] was as unhelpful as you make it appear. It was sent with no other desire than to assist you. As I informed you therein, I passed on your request immediately to Dr.

Evatt explaining your predicament and pointing out that a telegram from him would help you. At same time I must tell you frankly I was not optimistic that he would feel able to go beyond explanations offered in my 325 [2] 330 [3] as regards interpretation of last two paragraphs of 1st November resolution.

2. I have sent another message to New York. [4] In meantime it appears to me that position can be fully safeguarded by Committee's insistence that any agreement on cease-fire and stand- fast in present positions must be purely temporary and absolutely without prejudice to full rights and obligations of a party under 1st November resolution.

3. Part II of your latest telegram [5] not yet sighted.

1 Document 422.

2 Dispatched on 3 November, it conveyed the text of Document 402.

3 Document 404.

4 Evatt had not replied to Burton's message of 15 November (see Document 422). Burton's second message to Evatt (cablegram E115 on 20 November) reiterated Kirby's request for interpretation of the Security Council resolution of 1 November and further sought Evatt's views as to whether the Committee of Good offices would be justified in reporting Dutch non-compliance with the resolution by majority (Van Zeeland dissenting) or whether it should do so only by a unanimous decision.

5 Document 429. The first part of Kirby's cablegram, to which this cablegram is a reply, is given as Document 424.

[AA:A3196, 1947, 0.19494]