812.51/1715
The Secretary of State to the Governor of New York ( Roosevelt )
Sir: I have the honor to enclose for your information a copy in translation of a note dated April 16, 1931, together with its original enclosures, from the Ambassador of Mexico in this city concerning the action brought in the Supreme Court in and for the County of New York against Thomas W. Lamont and others, and the United Mexican States.
It hardly seems necessary to point out that a foreign government may not be sued in the United States in the absence of an applicable treaty without the expressed consent of that government. It is assumed from the Ambassador’s note of April 16, 1931, that the Mexican Government does not consent to be sued in the present case. Moreover, it seems to be well established that neither the Ambassador nor the Consular Officer of the country concerned has any authority to accept service on behalf of their Government.
In the circumstances I shall be pleased if you will take such action as you may deem appropriate with a view to the dismissal of the suit against the Mexican Government and the prevention of any further annoyance of the Ambassador in the matter.
I have [etc.]