made on the 22d ultimo. Under my instructions from the honorable Secretary of State, it has been my aim to meet your excellency's friendly advances in a like conciliatory spirit, and I am glad to believe that the conclusion herein reached will be equally satisfactory to both Governments. Thanking your excellency for the remittance, permit me once more to renew, etc., IRVING B. DUDLEY. CONDOLENCE ON ASSASSINATION OF PRESIDENT M’KINLEY. President Romana to President Roosevelt. [Telegram.] LIMA, September 14, 1901. Accept expression of condolence in my own and country's name for the loss of the great President McKinley. Mr. Hay to Mr. Dudley. [Telegram.] ROMANA, President. DEPARTMENT OF STATE, Washington, September 20, 1901. Please convey, through proper channel, in the name of the President and people, sincere appreciation of President Romana's message of condolence. JOHN HAY. PORTUGAL. REFUSAL OF PERMISSION FOR SALE IN PORTUGAL OF CERTAIN MEDICINES OF AMERICAN MANUFACTURE. No. 55.] Mr. Thieriot to Mr. Hay. LEGATION OF THE UNITED STATES, Lisbon, November 26, 1900. SIR: I am very sorry to have to state that in spite of numerous interviews with the minister of foreign affairs, letters and remonstrances, this Government has decided to refuse permission for the sale of Ayer's Cherry Pectoral, Sarsaparilla and Ague Cure. I take the liberty of inclosing a copy of my last letter to the minister of foreign affairs, dated 20th of November, 1900, as well as a translation of the last letter to me from the foreign office. Messrs. James Cassels & Co., Oporto, have been informed of this In addition to the petition made to your excellency on the 22d of October, 1900, I have the honor to say that I am requested by the firm J. C. Ayer & Co. to state that they have no objection to show the formula of their Sarsaparilla, which is not a patent medicine, but approved of by all medical men. The composition of Pink Pills was made known to the "Conselho de Sande e Hygiene," but not to the public. The three medicines which the firm in question now begs permission to offer for sale are, then, the following: First, Sarsaparilla; second, Cherry Pectoral; third, Ague Cure. These three medicines have been admitted for sale by all nations, and the Sarsaparilla has the largest sale of any medicine in the world. Requesting of your excellency the favor of a speedy decision in this matter, I avail, etc., J. H. THIERIOT. [Inclosure 2.-Translation.] Mr. Arroyo to Mr. Thieriot. FOREIGN OFFICE, Lisbon, November 23, 1900. With reference to the permission asked for by the firm J. C. Ayer & Co. for the sale of their pharmaceutical preparations, and in reply to your excellency's notes on the subject, I have to acquaint your excellency that the general board of public health has informed this department that by a ministerial decision permission has been denied for the sale of the medicines denominated Ayer's Cherry Pectoral, Ayer's Extract of Sarsaparilla, Ayer's Ague Cure. I avail, etc., JOÃO M. ARROYO. No. 29.] Mr. Hay to Mr. Thieriot. DEPARTMENT OF STATE, Washington, December 20, 1900. SIR: Referring to your No. 55, of the 26th ultimo, I inclose copy of a letter from the J. C. Ayer Company, of Lowell, Mass., urging that one more effort may be made to obtain authorization for the sale of certain of their medicines. I am, etc., JOHN HAY. [Inclosure.] J. C. Ayer Company to Mr. Hill. LOWELL, MASS., December 15 1900. SIR: We beg to acknowledge the receipt of your favor of the 13th instant, advising that before the Department's instructions of the 23d ultimo reached the United States chargé d'affaires at Lisbon the Portuguese authorities had, according to the charge's statement, refused a market for our medicines. We are in receipt of advices to the same effect from our resident agents. We have to thank you most sincerely for your many kindnesses in this matter, and trust you will pardon us if we trespass on your attention a little further as follows: Our preparations affected by this arbitrary decision of the Portuguese authorities are Ayer's Cherry Pectoral and Ayer's Sarsaparilla. These medicines have been sold in Portugal for fully thirty years. During this time a large demand has been created, the medicines having been recommended by a large number of Portuguese physicians and medical men, and they have gained considerable acceptance among the Portuguese people. It is, therefore, a serious blow to our business in Portugal to have these goods shut out of the market there at this late date. Our resident agents at Oporto, Messrs. James Cassels & Co., inform us that the reason given by the council of health for refusing their approval of Ayer's Cherry Pectoral and Ayer's Sarsaparilla is that they are secret medicines. This is not true. The formulas are always available to the members of the medical profession, to whom same are freely sent on application. Messrs. James Cassels & Co. further report to us that in November, 1899, "Dr. Williams's Pink Pills," a British preparation, was not approved of by the council of health of Lisbon, but the British minister requested that it should be approved of, and the Portuguese Government ordered the council of health to reconsider their decision, with the result that "Dr. Williams's Pink Pills" received approval, although the formula is actually kept a secret. Messrs. Cassels & Co. say that if the United States minister at Lisbon were politely, but firmly, to request the Portuguese Government to approve of our medicines, stating the fact of their having been sold for so many years in Portugal, and of their being recommended by a large number of Portuguese medical men, and that our medicines are not secret medicines, the formulas being supplied to medical men on application therefor, then, even now, it is probable that the Portuguese Government would ask the council of health to reconsider their decision. If we may trespass on your kindness to this extent we shall esteem it a great favor; and hoping that you will instruct our minister at Lisbon in accordance with the above, We have, etc., J. C. AYER COMPANY. Mr. Hay to Mr. Thieriot. No. 30.] DEPARTMENT OF STATE, Washington, December 21, 1900. SIR: Referring to the Department's instruction of yesterday's date, I inclose copy of a later letter from the J. C. Ayer Company relative to the exclusion of their medicines from Portugal. I am, etc., JOHN HAY. [Inclosure.] J. C. Ayer Company to Mr. Hill. LOWELL, MASS., December 17, 1900. SIR: We had the honor of addressing you on the 15th instant in the matter of our preparations in Portugal, and to-day are in receipt of your esteemed favor of the 14th, covering copy of a note addressed to the United States legation at Lisbon by the Portuguese foreign office stating that permission has been denied for the sale of Ayer's Cherry Pectoral, Ayer's Sarsaparilla, and Ayer's Ague Cure. In this note is not stated the ground on which the permission has been denied, but our resident agents at Oporto inform us that the decision has been made on the ground that the preparations in question are "secret" medicines. As stated in our respects to you of the 15th instant, this is not true. In any event the decision is a most arbitrary one and has no just basis, the motive therefor being, in fact, the desire of the Portuguese native manufacturers to prevent the importation and competition of American medicines. The exclusion of our Ague Cure is of small moment, as we have made no particular demand in Portugal for that medicine, but we beg that you will be kind enough to exert your influence in favor of a reversal of the decision of the Portuguese ministers in so far as the same affects Ayer's Cherry Pectoral and Ayer's Sarsaparilla. Again expressing our thanks for your good attention, and hoping for your further assistance in the way indicated herein and in our letter of the 15th instant, We have, etc., Mr. Thieriot to Mr. Hay. J. C. AYER COMPANY. No. 58.] LEGATION OF THE UNITED STATES, SIR: Referring to my No. 55, of November 26, with reference to the sale of Ayer's medicines, I have the honor to state that I have just received a letter from the J. C. Ayer Company on the above subject, of which the inclosed is a copy. I await Department's instructions how to proceed further in this matter. I have, etc., J. H. THIERIOT. [Inclosure.] J. C. Ayer Company to Mr. Thieriot. OFFICE OF J. C. AYER COMPANY, SIR: We regret exceedingly to learn from Messrs. James Cassels & Co., our resident agents at Oporto, that in the Diario do Governo of 20th ultimo notice was given that Ayer's Sarsaparilla, Ayer's Cherry Pectoral, and Ayer's Ague Cure had not been approved of by the conselho de saude because they were secret medicines. This announcement is a strong disappointment to us, as we had confidently anticipated, despite the long delay on the part of the Portuguese authorities in considering the case, that a favorable decision would be given. On the 27th ultimo we were advised by the Secretary of State at Washington that cable instructions had been again sent requesting you to use your influence to obtain the authorization of our medicines. We beg that, despite the notice referred to in the Diario do Governo, you will urgently insist that the Portuguese Government shall approve of our Cherry Pectoral and Sarsaparilla (the Ague Cure is not of so much importance), on the ground that they have been approved of elsewhere; that they are recommended by very many Portuguese physicians and medical men, and particularly that these medicines are not secret medicines, because the formulas are sent to all medical men requesting same. In fact, we have no objection whatever to the publication of our formulas, and our medicines can not properly be classed as secret medicines. We are informed that Williams's Pink Pills, a British preparation, had not met with the approval of the conselho de saude, but the British minister used his FOREIGN RELATIONS. influence in favor of their approval with the result that the Portuguese Government ordered the conselho de saude to reconsider its decision, and the outcome was that Dr. Williams's Pink Pills finally received the approval of the conselho de saude, despite the fact that the formula of this medicine is actually kept a secret. We have invested large capital and have expended much energy in establishing our business in Portugal, which has been in existence now for some thirty years. It is, therefore, a great injury to our interests to come under the ban of the conselho de saude in this arbitrary fashion, and we sincerely hope that you will oblige us by acting as strongly in the matter as may be possible. Thanking you in anticipation, We have, etc., J. C. AYER COMPANY. Mr. Thieriot to Mr. Hay. No. 62.1 LEGATION OF THE UNITED STATES, SIR: In accordance with the Department's instructions Nos. 29 and 30, and accompanying copies of letters from the Ayer Company, I have had a special interview with the minister of foreign affairs, with the view of prevailing upon him by the most forcible representations to use his best influence to obtain from the board of health authorization for the importation and sale of at least the two medicines of most importance to the Ayer Company, and his excellency has promised me that he will do all in his power to bring the board of health to this decision. I have, etc., J. H. THIERIOT, Mr. Hay to Mr. Thieriot. No. 32.] DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your No. 58, of the 24th ultimo, inclosing copy of a letter from the J. C. Ayer Company, of Lowell, Mass., relative to the sale of their medicines in Portugal. Referring to the Department's No. 29, of the 20th ultimo, which crossed yours, I have to say that you may use your good offices in the direction of one more effort to obtain authorization for the sale in Portugal of certain of the medicines of this company, although it would seem to the Department that the efforts of this Government in its behalf had been well-nigh exhausted. I am, etc., JOHN HAY. Mr. Thieriot to Mr. Hay. No. 65.] LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of the Department's instruction No. 32, of the 19th ultimo, to hand this day. In compliance with the Department's No. 29, of December 20, 1900, instructing me to make one more effort to obtain authorization for the sale of the Ayer Company's medicines, I beg to say that since its |
