It will be seen that the court did not pass upon the question of an
improper use of the ports of the United States. Clearly an injunction
could not be granted since such a measure would not have had the effect
of remedying the evil. It could not issue, for it was not established
that there were private property rights to be protected. The
complainants could show no property in the implications of the treaty,
nor could they establish the fact alleged, namely, that horses and mules
are munitions of war. The last question was one for the Federal
Government alone to pass upon under the circumstances. Political
obligations are not proper matters for enforcement by the courts. But
the court did declare emphatically that the enforcement of all neutral
obligations with reference to the ports and waters of the United States
was the function of the executive branch of the Government.

The question at once arose whether it was a function of the state or of
the federal executive to see that the neutrality laws were properly
enforced. In submitting the evidence of the operations of the British
agents within the State of Louisiana Governor Heard declared it to be
his opinion that it was the proper function of the federal and not of
the state Government to enforce obedience to these laws; but, he
concluded, "if such duty belongs to the State where the violations of
such laws occur, I would not hesitate to act as the laws may warrant and
in keeping with the dignity and responsibilities of statehood."[56] The
Governor asked that he be informed immediately what, in the opinion of
the federal authorities, were the powers and duties of the state
governments in matters of this character.

[Footnote 56: H.R., Doc. 568, 57 Cong., 1 Sess., p. 5.]

Unquestionably it lay with the federal executive to see to it that the