893.01 Provisional/123: Telegram
The Consul General at Shanghai (Lockhart) to the Secretary of State
Shanghai, May 26, 1938—10
p.m.
[Received May 26—7:25 p.m.]
[Received May 26—7:25 p.m.]
722. Your 337, May 24, 4 p.m.
- 1.
- At an informal meeting on May 17 attended only by the Senior Consul and the British, French and American Consuls General and [Page 184] the Chairman and Secretary General of the Shanghai Municipal Council, the question of the status of the First Special District Court was discussed as a preliminary to possible consideration later at a full meeting of the consular body, which body has not yet considered the question. Prior to meeting it had been rumored that the Japanese might attempt to seize the court on May 16 but no such attempt was made. As a precautionary measure, however, added police protection had been thrown around the court building on that day, augmented by a guard from the Seaforth Highlanders and a small detail from the Fourth Marines which afforded additional protection to one of the court buildings in the American sector. These measures were taken as a precaution against any possible attempt to use force to acquire possession of the court or against possible kidnapping or other incident. The day passed quietly and there was no threat of intrusion. It is possible that the above mentioned rumor may have been based on the fact that a small group Japanese judges, who were visiting in Shanghai at the time, desired to visit the court. This visit was made without incident or undue commotion.
- 2.
- On May 18 Jermyn Lynn, who has been appointed president of the First Special District Court by the new Reform Government at Nanking, visited the British Consul General apparently with a view to ascertaining the attitude of the British authorities toward his assuming office. The British Consul General promptly informed him that he was speaking purely in his private capacity and that the caller was being received in the same capacity. Lynn, who is an American returned student, is the person referred to in paragraph 2 of my 655, May 13, 4 p.m. Apparently his reputation is not good and there is reason to believe that he is an active participant in the effort to impair the position of the First Special District Court. He informed the British Consul General that he had been selected because of his knowledge both of Japanese and foreign “ideas” and that he had accepted the appointment because some one else might have been appointed who might not have been so reasonable in the matter of taking over the court. He asked for sympathetic consideration and cooperation and stated that he intended to make no changes in the staff; and [sic] if they were willing to remain and cooperate with him, and that, if they did not cooperate, he had a staff he could install. The British Consul General pointed out that the Special Court was not an ordinary Chinese court but a special organ devised as a result of an experience of many years to meet the peculiar needs of Shanghai and that it was inadvisable that any change should be made at this time inasmuch as the court was working satisfactorily. Lynn was asked what laws [Page 185] it was proposed to enforce and he stated it would be the existing laws of the Chinese Government. He also stated that it was necessary for the Reform Government to have control of the courts just as it did of all other functions of the Government in this area. At the close of the interview Lynn stated that all rumors that the courts would be taken over by force were without foundation.
- 3.
- Lynn called on the Senior Consul, Mr. Aall,49 on May 25 and the discussion which took place was along the lines of that between Lynn and the British Consul General on May 18. Lynn has made no effort to see me on the subject. If he does approach me I shall receive him only in my private capacity and will let him know that he is being received in the same manner.
- 4.
- At the conference on May 17, Mr. Fessenden50 stated that he could assure the consular representatives present that he would know at least 48 hours in advance of any serious effort to take possession of the court.
- 5.
- I believe that the views set forth on page 7 of Shanghai despatch No. 1283, March 16, 1938,51 are substantially correct and that the despatch in its entirety presents a clear picture of the court situation as it exists now, with the exception that a president of the court has since been appointed by the Reform Government and that we are now much nearer to a crisis in the court question, as the movement to take over the court has gained some momentum since the appointment of Lynn. I personally doubt if any attempt will be made to take over the court by force, but other means, among which may be found intimidation and political chicanery, to accomplish this end will probably be employed.
Code text by mail to Hankow, Peiping, and Tokyo.
Lockhart