Part 159

"To the whole of this I can solemnly make oath; and I am sure I can bring the two officers in question to swear to what I said to them, and the time when, although I have never since spoken to them on that subject.

Js Le Marchant."

The Right Honourable Lord Viscount Melville sworn.

Examined by Mr. Scarlett.

Q. Your lordship is acquainted, I believe, with Admiral Sir Alexander Cochrane?

A. I am.

Q. I believe that Sir Alexander Cochrane has been lately appointed upon a distant service?

A. He has.

Q. Does your lordship recollect any application made to you by Sir Alexander Cochrane, on behalf of Mr. De Berenger?

A. I recollect Sir Alexander Cochrane, several times, more than once I am certain, applying to me, that Mr. De Berenger might be allowed to accompany him in his command, to remain with him on the North American station, to which he was appointed.

Q. Does your lordship recollect about what time those applications were made?

A. I do not recollect as to the precise time, but it was a short time before Sir Alexander Cochrane sailed upon his command.

Q. Does your lordship recollect about what time Sir Alexander Cochrane sailed?

A. I think I should say about five or six months ago; but I am not at all positive.

Q. Does your lordship recollect the particular service that Sir Alexander Cochrane recommended the gentleman for?

A. Sir Alexander Cochrane was desirous that this gentleman should accompany him, for the purpose of instructing, either a corps to be raised in that part of the world, or the royal marines, in the rifle exercise; and afterwards, when Sir Alexander Cochrane wished that an officer of engineers should accompany him, and when I stated my knowledge, from other circumstances connected with His Majesty's service, that it would be difficult to give him that assistance, from the small number of engineer officers that could be procured, Sir Alexander Cochrane mentioned, that as an engineer officer, he would be quite satisfied with Mr. De Berenger.

Q. Does your lordship recollect, whether any particular rank was necessary or usual to accompany such an appointment, or whether it was solicited by Sir Alexander Cochrane?

A. I think there was, but I am not positive; I recollect perfectly explaining to Sir Alexander Cochrane, that as far as related to His Majesty's naval service, I could not agree to the appointment; and I recommended to Sir Alexander Cochrane to apply to the Secretary of State, or the Commander in Chief, stating, that if they agreed to it, I should have no objection to Baron De Berenger's accompanying Sir Alexander Cochrane.

Q. Was Lord Cochrane appointed to a vessel to join Sir Alexander Cochrane afterwards?

A. He was.

Q. The Tonnant?

A. Yes; I think he was appointed before Sir Alexander Cochrane sailed; but of that I am not positive.

Q. Before Sir Alexander sailed to join him upon that station?

A. Yes; I am not quite positive about that, but it was very nearly about that time.

Mr. Park. I had my Lord Melville as a witness in my brief, not knowing that my friend would call him; I should have called his lordship to these facts, if my friend had not.

Lord Ellenborough. Your lordship has no personal knowledge of Mr. De Berenger?

A. No.

Colonel Torrens sworn.