893.102S/2522: Telegram
The Consul General at Shanghai (Lockhart) to the Secretary of State
[Received July 9—12:40 p.m.]
824. From an authoritative source it is learned that the Nanking government is considering ways and means of taking over the Chinese courts in the International Settlement in the near future if that can possibly be done. It is hoped to acquire control over the courts by peaceful means and without Japanese support or intervention. It is claimed that a judge of the court who has been in the hands of kidnappers for some time is prepared to accept the presidency of the high court and that other men of good repute can be found for appointment to the courts. My informant, who has close contact with Chen Kung-po,18 states that Nanking is becoming impatient and that a corroboration of intention to assume jurisdiction over the courts by the Nanking government may soon be communicated to the interested consular representatives through the Senior Consul, with a request that the consular representatives not interfere. I know positively that this is under consideration. A fair element at Nanking is in favor of more drastic action. I am endeavoring to get word to Chen Kung-po confidentially through the contact above mentioned that it [Page 866] would be a grave mistake if the Nanking régime should make any attempts at this time to gain control of the courts; that the paramount consideration should be to do nothing that would “disturb” the peace and order of Shanghai; that the transfer of the courts would involve other risks to the welfare of the Settlement, which we are all doing our utmost to maintain as an international community administered by a council composed of Chinese, Americans, British, Japanese, Germans, Dutch and Swiss; that we are doing everything we can to keep politics out of Settlement affairs and that I for one hoped that political issues vis-à-vis the courts would not be allowed to arise. While I have kept completely aloof from Chinese factional politics I have given serious consideration in this instance we apprehens [to the?] question of where [whether?] it might not be desirable to have a strictly personal and unofficial interview with Chen Kung-po and point out to him the desirability of maintaining the status quo of the courts pending the cessation of Sino-Japanese hostilities. I would not undertake this without Department’s approval, for which reason I should like to know if the Department perceives any objection if later I should deem such a course necessary. I would appreciate it if the Ambassador would transmit to the Department and to me any comment which he may consider desirable.
Sent to Department. Repeated to Chungking and Peiping.
- Mayor of the Japanese-sponsored “city government of Greater Shanghai.”↩