The Birmingham age-herald., 1905-08-18
Nh, Oe Martens Says il is Against Historical Precedent
RUSSIAN TERRITORY SECURE
lndemnities Have Never Been Paid Save In Cases Where the Enemy Actually Occupied For
 elgn Territory.

Portsmouth. August 17.-Mr. De Mar tens, one of the Russian delegates and recognized as one of the great authorities on international law, not only in Russia but throughout the world. in speaking to a correspondent of the Associated Press about the principle of the war h. demnity. said that there was no preced- ent in history where a country whose territory was not occupied In whole or in part by the enemy, had paid war tribute upon the conclusion of peace. Russia, MT De Martens said. was not crushed. She was 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 10 Japan in any form" continued the eminent jurist. it would be her political death. The towers would understand that she accepted the proposition of Presi- dent Roosevelt not because she was de- sirous of an honorable peace but because her power had been annihilated and she recognized 1t was impossible for her tc continue the war. It would mean pub
 
 lie confession that Russia is at Ports mouth helpessly kneeling before Japan imploring peace and ready to accept any terms imposed. No one will contend that the Muscovlte empire is in any such pos sition'
 Cites Historical Precedent
 With many interesting historical exam- 1 lad ta ola i,nr ate his thesis that no country had ever paid indemnity except powerless to con front the enemy on the fold of battle, and with large portion of her territory In the enems's possession as hostage
 Tn 1897 he pointed out, when Napoleon imposed the peace of Tilsit French troops occupied practically all of Prussia, and the Prussian royal family had fled to Russian soil. France could dictate terms She exacted a war indemnity of $SoO0Oo,- GOO and garrisoned several Prussian towns with French troops at the expense oi Prussia as a 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 '100 days, and the second treaty of Paris was con- cluded. the allied powers occupying Paris as the Prussians did later In 1870, imposed | in addition to other conditions war indemnity of $500 COG, GOO, to be paid in five years, during which time the allied troops were to hold a portion of French territory That sum, however, was con siderably reduced by Willington at Ak la-Chapelle, and France completed the payment of the indemnity in three years
 Largest Indemnity Ever Exacted.
 The largest war indemnity ever exacted was imposed by Prince Bismarck upon France in 1870. It amounted to $100O, 900 900 But Napoleon II. had fallen. Gambetta was powerless. Prussia was at Paris. The third republic succeeded in liqudatng the indemnity in two years, while ac- cording to the treaty she had seven years time in which to pay. In other cases even where a portion of the territory of the lll-fated country was occupied. no indem- nity was exacted or even asked-for in- stance, Russia, in 1856, although the Cri- mean peninsula was occupied by the Anglo Franco -Piedmontez troops was moi asked to pay tribute. Austria, in 1s59 after having been bested by the Franco Piedmontez and having lost Lombardy paid no indemnity. Denmark in 1864 lost Schleswig- -Holsten to Prussia and paid nothing.
 New Precedent by America.
 "A new precedent was made by Amer ica,' added MT. De Martens, 'n her war with Spain. Although victorious and in a position to claim indemnity, she ended the war in principle and actually paid s2O,0Oo, : 0O0 to the Madrid government for the Philippine Islands.
 "But that" he remarked. "was as the French say to 'dorer la pilule.'
 In view of all these considerations, MT. De Martens says Russia's objection to the payment of any indemnity. under no mat ter what form. comes from the fact that in all her history she never paid cent of tribute to foreign power, not even during the time of her worst defeats under Peter the Great when large DOT ton of the country was in the hands of the invader. In conclusion he called atten- ton to the fact to pay an indemnity to Japan would be for Russia to create a new precedent in the world s history