four months ago. I obtained a copy in Paris and read it on my way back home. He was a sort of confidential adviser of Count Vitte for many years, and in that book he discloses how Germany came to acquire Shantung. That is, at a certain very historic conference held between the Kaiser and the Czar, the Kaiser obtained the consent of the Czar that Germany should acquire a foothold in Kaiochow Bay. Count Vitte says that it was without the knowledge of his own Russian foreign office that this was done.

Some of these facts have only recently been disclosed. Then, with 1 that as a background, Germany seized a pretext-some violence done to a German missionary in Shantung-to demand of China the cession that was acquired there. These facts, revealed in Dr. Dillon's book, coming from Count Vitte himself, show, however, that even the point. that they were going to seize had been determined before the so-called outrage which was made the excuse of it. That secret agreement had been made between the Czar of Russia and the Emperor of Germany, to the effect that Russia would interpose no objection to Germany seizing the port of Kaiochow.

Senator HITCHCOCK. Give the date of the agreement between the Czar and the Kaiser.

Mr. MILLARD. You will find that in this book, the whole thing.
Senator HITCHCOCK. What was the date of the agreement?

Mr. MILLARD. It was, I should say, about 1897, or some such time as that.

Senator SWANSON. Was any documentary evidence produced, or was it simply on the evidence of this writer? Was there any documentary evidence?

Mr. MILLARD. Of course, you know what Count Vitte's position was. Senator SWANSON. I mean, were there any letters or memoranda? Mr. MILLARD. He gives it in considerable detail in this book. I had intended to bring the book with me, but I found I had loaned it to Judge Campbell, and he had not returned it. You will find it in the Congressional Library.

Senator SWANSON. Was there any documentary evidence-were there any memoranda made at the time?

Mr. MILLARD. Yes; he gives certain memoranda, and he gives the details as related to him by Count Vitte in full in this book. Senator HITCHCOCK. The date was 1897?

Mr. MILLARD. As I recall, 1896 or 1897; thereabouts.

Senator KNOX. Do you know as a matter of fact that as early as 1896 there had been a public statement in the Reichstag that that was going to be the policy of Germany?

Mr. MILLARD. If I did know it, I have forgotten it.

Senator KNOX. Prof. Hornbeck's authority for that is Contemporary Politics in the Far East?

Mr. MILLARD. Of course the matter had been discussed; there had been a good deal said about it by the German press, and they had been beating about the bush for several years; but the specific thing you refer to I did not have in mind.

Senator KNOX. Prof. Hornbeck refers to that.

Mr. MILLARD. Yes; he no doubt looked it up.

Senator BORAH. At any rate, Senator Swanson, Dr. Dillon said that. I do not think the Senator will have any doubt about it when he reads it.

Mr. MILLARD. Of course he is recognized as outside of Russia, the greatest authority on Russia, Dr. E. J. Dillon; and he was employed in the most confidential capacity by the Russian Government for years.

Well, then, Germany raised the pretext and secured the leasehold of Kiaochow, China, not being able at that time to get any support to resist the pressure that was brought upon her. So she signed the

ease.

1 Senator HITCHCOCK. Do you know what effort was made by her to get support in any direction?

Mr. MILLARD. I have been told that she went to the legations at Peking, that she went to the British and American legations, and flustered around, to see if she could, but she found that she could not, and Germany was backed up by Russia, and China gave in.

Senator HITCHCOCK. Did she apply to the United States?

Mr. MILLARD. I do not know if she actually applied. Probably some one went up and sounded out the American legation and found out that we considered it not a matter that vitally concerned us. At that time we had not even enunciated the Hay doctrine. The Hay doctrine was the result of these things that occurred, as I am going to point out.

Now, that was the manner in which Germany obtained that leasehold.

I noticed in a communication some two weeks ago that Mr. Taft, in commenting on the Shantung matter, referred to the murder of the German minister at Peking, and said that the Shantung leasehold was the result of that. He just got the events in inverse order. It was the Shantung "grab," if I may term it that, that led to the murder of the German minister at Peking some two years later, and brought on the world and all of us the turbulence known as the Boxer Rebellion, that upheaval in China against the foreign interests in China. That was caused by a cumulation of circumstances, and was brought to a head by the Shantung matter, because Shantung has sacred associations for China. In the Chinese mind it is the birthplace and the burial place of Confucius; and various other matters give it a sentimental place in the thoughts and in the minds of the Chinese.

Moreover, it was recognized that when you pressed into Shantung you pressed right into the heart of China, politically, strategically, and every other way.

Senator HITCHCOCK. Before you go any further, can you put into the record the date of the enunciation of the Hay doctrine of the "open door"?

Senator BRANDEGEE. He has indicated that.

Senator SWANSON. That is in his recent book.

Mr. MILLARD. Yes.

Senator HITCHCOCK. Mr. Hay was Secretary of State at the time this so-called German "grab" occurred?

Senator JOHNSON of California. No.

The CHAIRMAN. No; he came in shortly afterwards. Mr. Olney was Secretary of State and Mr. Hay must have succeeded very soon after.

Senator HITCHCOCK. Will you put that date in the record?

Mr. MILLARD. Yes; I have all those documents here in this book.

The CHAIRMAN. Mr. Hay became Secretary of State in September, 1898, as I remember. He came home from London

Senator KNOX. Yes; he succeeded Mr. Day.

The CHAIRMAN. Yes; in the summer or autumn of 1898.

Senator HITCHCOCK. Did not the Germans acquire Shantung in 1899 ?

I have the whole document here

Mr. MILLARD. No, sir; in 1898. printed in this book. I will look it up.

Senator HITCHCOCK. The lease is dated 1899.

Mr. MILLARD. Here it is; "Convention between the German Empire and China, Kiachow," page 434; here it is. The date is the 6th of March, 1898.

Senator HITCHCOCK. What was that?

Mr. MILLARD. The Kiachow convention--the German lease. It is dated March 6, 1898.

Senator SWANSON. Mr. Day was Secretary at that time.

The CHAIRMAN. Yes; he was Secretary of State.

Senator KNOX. That demand was made upon China in 1897. That was when the ministers were killed.

Mr. MILLARD. Yes.

Senator HITCHCOCK. Then at the time that was signed, Mr. Day was Secretary of State and Mr. McKinley was President?

Mr. MILLARD. I would not know without looking it up.
Senator KNOx. Mr. McKinley had been President two days.
Senator SWANSON. No; a year and two days.

Senator KNOX. Yes; a year and two days.

Mr. MILLARD. The reason I have brought these details out was that I wanted to demonstrate its connection with other events that occurred later. Germany being able at that time to grah the strategical position there in Kiaochow had demonstrated to the minds of our diplomats in Europe the existence of some kind of secret compact or collusion with Russia. I have never seen these facts fully brought out until they were brought out in this book of Dr. Dillon's, but any trained diplomat would at once have seen, in the circumstances there, that there was some connection.

That set other forces in motion that unquestionably brought about the first Anglo-Japanese alliance. That made the Japanese-Russian War possible. There was set in motion the whole train of circumstances of which we are to-day beginning to see the consequences.

Now, this was so important that is, this seizure by the Germansstrategically and in regard to the whole situation of China and the balance of power in the Far East, that Mr. Hay took cognizance of it, and as you will recall, the so-called Hay doctrine resulted from an exchange of notes which Mr. Hay took up with the German Government through von Bülow, the German minister of foreign affairs, and it was entirely about the Shantung question; the Shantung question, that is, was the nail upon which the Hay doctrine was hung. It was Germany's acquisition of Shantung which caused the Hay doctrine to be formulated. That is, Mr. Hay, when he came in and surveyed the situation, said, "If this thing goes on, China is broken up; the partition of China will soon be an accomplished thing;" and he took cognizance of that situation, and the way it would affect the United States and the way it would affect various other matters, in his judgment; and so he opened up a correspondence with the German

Government-with the minister of Foreign Affairs, Count von Bülow-which resulted in what is called the Hay doctrine. Of course the Hay-von Bülow notes are published. I have them here. Senator SWANSON. Will you put those notes in the record?

Senator BRANDEGEE. You do not mean to put them in now, but put them in afterwards?

Mr. MILLARD. On page 448 of this book, "Mr. Hay, American Secretary of State, to Mr. White, American Ambassador of Germany." That is, it was communicated in that way.

The CHAIRMAN. That was Andrew D. White?

Mr. MILLARD. I suppose so. Yes, Andrew D. White, Mr. Hay's note is "Washington, September 6, 1899," and Count von Bülow's is February 19, 1900.

Senator BRANDEGEE. On what page of that book does that occur? Where is it printed?

Mr. MILLARD. In this book?
Senator BRANDEGEE. Yes.

Mr. MILLARD. It is in the appendices, pages 448 to 450. it is in Rockhill's Treaties, and in all the textbooks.

Of course

Senator BORAH. Those things are in that book, and are much more accessible than they would be in this interminable record. Of course it is in that book Contemporary Politics in the Far East, also. Senator BRANDEGEE. Will you let me ask you one thing, not connected with this particular thing. When did you first hear of this particular treaty between Great Britain and Japan providing that Great Britain will have Shantung? In 1917, was it not?

Mr. MILLARD. 1917? I first heard of it at Paris.

Senator BRANDEGEE. When?

Mr. MILLARD. About the 1st or 2d of Apri-last April.
Senator BRANDEGEE. 1918?

Mr. MILLARD. 1919.

Senator BRANDEGEE. That is all.

Mr. MILLARD. I will come to that a little later.

Senator SWANSON. Now, will you tell us, from your interpretation of the Hay doctrine, the open-door policy, from those two communications, how far it goes, and how it affects trade and commerce of this country?

Mr. MILLARD. The Hay doctrine was designed, as it appears on its face, to extract from the German Government a statement, which it did extract, that in acquiring the leasehold of Kiaochow and the subsequent railway agreement signed a year or so after the lease, Germany disclaimed by those acquisitions any preferential position in China, any impairment of Chinese sovereignty, any intention or purpose to use her position at Kiaochow to discriminate against the free commerce in China of other nations, or the rights of other nations under the clause of the so-called most-favored nations clause of the treaty that is our position; we have a very favorable treaty with China. The notes, as I say, speak for themselves. Now, then when Mr. Hay got the German Government on record then he approached the opposite Governments, the British, the French, and the Japanese, and the other Governments.

Senator SWANSON. Before you proceed, was that a protest against the sovereignty that Germany acquired? Did the note contain any protest against sovereignty?

Mr. MILLARD. You can read the note.

Senator SWANSON. I just wanted that clear. It simply asks for equal trade relations and things of that sort.

Mr. MILLARD. It started out with the usual diplomatic language, that it should be cleared up and would be to the advantage of everybody if they would state their positions.

Senator SWANSON. I had an idea that the determination was that no rights acquired by Germany should interfere in any manner with the rights and the position of the United States.

Mr. MILLARD. No; with the integrity of all nations, and also that China's rights were to be unimpaired.

Senator SWANSON. I did not notice that particularly.

Senator KNOX. Territorial integrity is specifically mentioned.
Mr. MILLARD. Territorial integrity is mentioned.

Senator KNOx. Mr. Chairman, I would like to make a suggestion, that Senator Johnson has asked the witness to narrate in his own way this story and the witness is accustomed to giving a consecutive narration of events. I would like to hear that and then have questions asked afterwards. I think we could get a much better idea if we would let Mr. Millard go on and answer Senator Johnson's question in his own way, and then put such questions as we wish.

The CHAIRMAN. You mean that no Senator is to ask any question until he has concluded his statement?

Senator KNOX. Oh, I do not mean no question.

Senator SWANSON. If other Senators ask questions, I want the same right. I want to have his interpretation of what the Hay doctrine did.

Senator MCCUMBER. We have been deviating from that rule a great deal since we began the examination of witnesses.

Senator KNOx. But none have been so accustomed to express themselves consecutively as Mr. Millard.

Senator SWANSON. I am perfectly willing that he proceed without interruption.

Senator KNOX. I think it will contribute to the information of all of us.

The CHAIRMAN. I think it is a better way to let him make his state

ment.

Senator SWANSON. So long as all the Senators do not interrupt. The CHAIRMAN. Of course that is understood.

Senator MCCUMBER. As his next statement is on a different subject, if I understood Mr. Millard correctly, Germany renounced any claim over Shantung.

Mr. MILLARD. I would say that it amounted to that, a disclaimer of any purpose to infringe upon the integrity of China or interfere with the general open door or various things of that kind.

Senator MCCUMBER. She claimed no sovereign rights over the territory.

Mr. MILLARD. She disclaimed. That was the purpose of the Hay note, and it accomplished that.

Senator BRANDEGEE. Japan disclaims any sovereignty over Shantung and agrees to give it back.

Mr. MILLARD. It is difficult to know.

Senator BORAH. Can not we have an understanding that the witness may make a statement, and then ask questions if we want to?