The Montgomery advertiser., 1905-08-18
DeMARrENs QUOTES PREcEDENTs
Jurist Declares Japan Has No Right to Indemnity.

Indemnity.
 Portsmouth, N. H.. Aug. 17.-Mr. De- Martens. one of the Russian delegates and recognized as one of the great authorities on international law not only ,n Russia but throughout the world in speaking to a correspondent or the Associated Press about the prin- ciple of the war indemnity said that there was no precedent in history where A country whose territory was not oc- cupied 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 or her knees begging for peace She wanted peace, but she could go on fighting for years. Japan had not even approached the true Rus sian frontier.
 "should Russia consent to pay tribute to Japan in any form," con- tinued the eminent jurist. "lt would be her political death. The powers would understand that she accepted the proposition of President Roosevelt not because she was desirous of an honora- ble peace. but because her power had been annihilatcd and she recognized that it was impossible for her to con tinue the war. It would mean public confession that Russia is at Ports mouth help1essly kneeling before Japan impIoring peace and ready to accept any terms imposed. No one will seri- ousIy contend that the Muscovite em- pire is in any such position"
 With many interesting historical ex- amples Mir. De Martens proceeded to elaborate his thesis that no country had ever paid indemnity except powerless 10 confront the enemy on the field of battle and with a large portion of her territory in the enemy's possession as a hostage.
 In 1907, he pointed out, when Napo- leon imposed the peace of Tilitz. French troops occupied practically all of Prus- sia and the Prussian royal family had fled to Russian soil France could dic- tate terms. She exacted a war indem- nity of $300.O00,000, and garrisoned sev- eral Prussian towns with French troops at the expense of Prussia as a guaran- tee of payment. She required that the Prussian army should be reduced to 10000 men.
 In 1915 when Napoleon was annihi- lated at Waterloo after the famous "100 days" and the second treaty of Paris was concluded, the allied powers occu- pying Paris as the Prussians did later in 1870 imposed in addition to other conditions a war indemnity of $500. .0O0- 900 to be paid In five years, during which time the allied troops were t. hold portion of French territory. That sum, however, was considerably re- duced by Wellington at Aix la Chapelle and France completed the payment of the indemnity in three years.
 The largest war indemnity ever ex- acted was imposed by Prince Bismarck upon France in 1870. It amounted to $1,00O. .00O, 900 But Napoleon III had fallen. Gambetta was powerless. Prus- sia was at Paris The third republic succeeded in liquidating the indemnity fin two years, while. according to the treaty she had seven years time in which to pay. In other cases even where a portion of the territory of the lated country was occupied. no indem- nity was eXacted or even asked-for instance, Russia, in 1856. although the Crimean peninsular was occupied by the Anglo Franco Piedmontese troops, was not asked to pay tribute. Neither Aus tria, in 1859. after having been beaten hT tha Franco -PIAdmantAsa and having