Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-08-18
NO PRECEDENT KNOWN
For Paying Indemnity Where No Part
Of Territory Is Occupied.

Portsmouth, \. H.. Aug. E.-,Mr. d,
Martens. one OF the Russian delegates
ana recognized as on" Of the great au-
thOrtitS on International law, not only III
Russia but Throughout the world, III
speaking to Il correspondent of The ASso-
Grated Press about the principle of til.
war indemnity. said that there is No
pre- ccdent in history where I; country
whole or in part by the enemy had paid
wa" tribute upon the conclusion of peace.
Russia Mr.. de Martens said was not
crushed. She was not on her knees beg
ging 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
to Japan in any form" continued the EN-
inent jurist. lit would he our political
death. The powers would understand
that she accepted the proposition of Pres
ident Roosevelt not because she was de-
SirouS of an honorable peace. but because
her power had been annihilatcd and Sh"
recognized that it was impossible tor her
to continue the war. IT would mean Il
public confession that Russia is at Ports
mouth helplcsSly kneclinE before Japan,
implorinS peace and ready to accept any
terms imposed. No one will seriously
contend that the MuScGvite empire Is in
any such position"
With many interesting historical exam
pies, Mr.. dc Martens proceeded to elabOr-
ate his thesis that no country had ever
paid indemnify except when powerlcss IL
confront the enemy on the field Of battle
and a large portion of her territory III
the encInys possession us 4 hostage.
In 1901, he pointed ON. when Napoleon
imposed the peace OF TilSit. French troops
occupied practically all of Prussia and
the Prussian royal family had fed to
She cxacted Il war indemnity of $JfO.h0),00
and garrisoned several Prussian towns
with French troops at the expense OF
Prussia as Il guarantee of payment. she
required that the PrusSlan army should
be reduced to 800 men.
III 1915, when Napoleon was annihilated
at Waterloo. after tn" famous 100 days"
and the second treaty of Paris WIS con
Cludc1, the allied powers occupying PARIS.
as the Prussians did later in 1870. impos-
ed In addition to other conditions war
indemnity of $O0,0NO000 to be paid i'll tive
years, during which time the allied troops
were to hold a portion OF French terri
tory. That sum, however. was cOnSid-
era bly, reduced by Wellington at AK La
Chapellc and France completed the pay
ment of the indemnity in three years.
was imposed by Prince bismarck upon
France in 1870. 1t amounted to on" billion
Of dollars. But Napoleon III had fallen.
S;,nlldtta WAS pOwcrlcss. Prussia at
Paris. The third republic succeeded in
liquidatins the indemnity in two years
while according to the treaty she had five
years time i'll which to pay.
In other cases even where portion
of the territory of the defeated country
was occupied no indemnity was exactcd
or even asked-for instance. RISsl in
1886 although the Crimean peninsula WAS
occupied by the AnGlO-FraucO-P Piedmont
csc troops, WAS not asked to paw tribute.
Neither Austria in 1859 after having been
defeated by the Observation-Disclosures AMI
having lost Lombardy. nor in 1856. after
having been beaten by Prussia paid an
Indemnity. Denmark, i'll 1864, lost SchlcS-
wig Iostein to Prussia, but raid nothing.
"A new precedent was made by Amcri-
co" added Mr.. dc Martens. in her war
with Spain. Although victorious nnd IN Il
position to claim indmenity. She ended
I'M, war on principle and actually paid
| $50. NO Ot0 to the Madrid government for
The Philippine islands. But that" h" re-
| marked. was. as the french say. to
| Dorer La PIlule.
independent of all those considerations
Mr. de Martens said RusSia'S objection
| 10 the payment Of an indemnity, under
| no matter what form, comes from I'll"
| fact that in all her history she never
| Maid n cent of tribute to a foreign rover
not even during the time of her worst de.
| fonts under Peter the Great, when q larg'
| norton of the country was in the hands
| nf the invaders. In conclusion. he called
| attention to tho, fact that to pay an in
demnity to Japan would be for Russia
to- create a precedent new in the world
| history. ,..,.