New-York tribune., 1905-08-18
MARTENS ON INDEMNITY
Japan's Demand With0ut Precedent,
He Declares.
eBy The Associated Press.)

Portsmouth, N. H.. Aug. I'm. De Martens
one of the Russian delegates, and recognized as
one OF the great authorities international law,
not only in Russia, but throughout the world,
in speaking tonight about the principle of the
war indemnity, said that there is no precedent
in history where country whose territory
not occupied in whole or in part by the enemy
had paid war tribute the conclusion of peace.
Russia NJ. De Martens said. was not crushed.
She not on her knees begging for peace.
She wanted peace but she could go on fighting
for years Japan had not even approached the
true Russian frontier.
Should Russia consent TO pay tribute tc
ia pan in any FORM he continued ''it would b.
her political death. The powers would under
stand that she accepted the proposition of Presi-
dent Roosevelt, not because she desirOus of
an honorable peace but because her power had
been annihilated and she recognized that II was
impossible for her to continue the war. 1t
would mean a public confession that Russia is
at Portsmouth, helplessly kneeing before Japan,
imploring peace and ready to accept any terms
imposed. No will seriously contend that the
Muscovite empire is in any such position"
With many interesting historical examples. M.
de Martens proceeded to elaborate his assertion
that country had ever paid indemnity ex-
cept when powerless to confront the enemy on
the field of battle and large portion of her
territory in the enemys possession as a hostage
In 1907, he pointed out. when Napoleon i'm
posed the peace of Tisit, French troops occu-
pied practically all of Prussia and the Prussan
royal family had fled TO Russian soil. France
could dictate terms She exacted a war in
demnity of $500, 100000, and garrisoned several
Prussian towns with French troops at the ex-
pense OF Prussia guarantee of payment.
She required that the Prussan army should be
reduced to 10000 men.
In 1915, when Napoleon was annihilated at
Waterloo after the famous One Hundred Days.
and the second treaty of Paris was concluded,
the allied powers occupying Paris as the Prus-
slams did later in 1870 imposed in addition to
other conditions a indemnity Of SJ00.000,-
600, to be paid in five years. in which time the
allied troops were to hold portion Of French
territory That sum. however, was considerably
reduced by Wellington at Aix-la-Chapelle. and
France completed the payment Of the indemnity
in three years. The largest war indemnity ever
exacted was imposed by Prince Bismarck on
France in 1870 1t amounted to S1.OOO,Oo0,0OO.
But Napoleon III had fallen. Gambetta was /
powerless. Prussia at Paris. The Third
Republic succeeded in liquidating the indemnity
in two years, while. according TO the treaty,
she had five years time in which to pay.
In other cases. even where a portion of the
territory of the defeated country was occupied,
no indemnity was eXacted even asked-for
instance. Russia. in 1856 although the Crimean
Peninsula occupied by the Anglo Franco
Piedmontese troops. not asked TO pay trih-
ute. Neither did Austria in 1859. after having
been defeated by the Franco Piedmontese and
having lost Lombardy, nor in 1865. after having
been beaten by Prussia, pay an indemnity. Den
mark in 1864 lost scheswig Hostein to Prussia,
but paid nothing.
new precedent was made by America, added
NJ. de Martens, IN her war with Spain. AL
though victorious and I'm position to demand
indemnity, she ended the on principle and
actually paid S200O00OO TO the Madrid govern
ment for the Philippine Islands. But that, he
remarked, was. as the French say, 10 'dorer
Ia pilule.
Independent Of all these considera tions, NJ. de
Martens said. Russa's objection to the payment
of an indemnity, under matter what form,
comes from the fact that in all her history she
never paid cent of tribute to a foreign power,
not even at the time of her worst defeats under
Peter the Great, when q large portion Of the
country was in the hands of the invaders. In
conclusion, he called attention TO the fact that
to pay an indemnity to Japan would be for
Russia 70 create precedent new in the world 3
history.