^^  In  taking  this  position  I  am  in  no  way  impeaching  the  right  of  the
Executive,  either  through  the  Secretary  of  State  or  through  agents
appointed  by  him,  to  negotiate  the  settlements  of  private  claims  with
foreign  powers.  Such  negotiations  may  be  likened  to  the  conferences,
in  matters  of  private  litigation,  of  parties  through  their  counsel  or
through  referees,  to  settle,  on  the  basis  of  afiBdavits  or  voluntary  state-
ments of  the  parties,  the  matter  in  dispute.
"Informal  conferences  of  this  class  have  been  found,  and  will  be  found
hereafter,  of  great  use.  But  not  being  in  the  shape  of  a  treaty  they  do
not,  in  the  United  States,  have  the  efiect  of  a  law  investing  the  officers
in  question  with  the  judicial  power  of  taking  and  limiting  testimony
and  deciding  judicially  on  the  questions  submitted  to  them.  Hence  the
awards  of  such  tribunals,  being  inchoate  and  merely  recommendatory,
ai'e  to  be  regarded  as  less  obligatory  than  are  awards  made  under
treaties.  And  as  awards  under  treaties  when  the  arbitrator  had  judi-
cial powers,  and  when  the  witnesses  testifying  could  be  held  criminally
responsible  for  false  testimony,. will  not  be  enforced  if  shown  to  be  un-
conscionable and  unjust,  a  fortiori  is  this  the  rule  with  awards  in  cases
in  which  the  arbitrator  had  no  judicial  jwwers,  and  when  the  oaths  ad-
ministered were  nullities.''

Mr.  Bayard,  Sec.  of  State,' report  in  Pelletier'a  case,  Jan.  20,  18S7,    Sen.  Ex.
Doc.  64,  49th  Cong.  2d  soss.     See  also  8upra,  H  220,221.
