[JAMES] FIRST LEGISLATORS OF UPPER CANADA 115 
David William Smith was the son of John Smith, major of the 
5th Regiment, stationed at Detroit from 1790 to 1792. As command- 
ing officer the father was chairman of the Land Board of Hesse. D. 
W. Smith was at this time an ensign in his father’s regiment. At 
the meeting of the Board, held 30th July, 1790, Major John Smith 
appears for the first time as chairman, and D. W. Smith as secretary. 
Two years after this the Major was transferred to Fort Niagara, and 
there he remained till his death,in 1795. The son, D. W. Smith, 
was transferred at the same time. Lt.-Governor Simcoe thus refers 
to the young member, for he was, at the time of his election, only 
28 years of age: — 
“His Majesty’s service has been essentially promoted by Lieutenant 
Smith, the son of Major Smith, who commanded for the last two years at 
Detroit, being elected by the inhabitants of that district into the Assembly. 
This gentleman owes this distinguished mark of favour to the singular grati- 
tude of the people for the attention which he showed and the liberality and 
disinterestedness of his proceedings as Clerk, and indeed as the official person 
of the Land Board in that district.” (Archives of Canada, 1891, page xxii.) 
D. W. Smith studied law and was called to the Bar. He held 
many important and responsible positions under the Lt.-Governor, 
deputy judge, surveyor-general of lands, trustee of the six nations, 
etc. He moved to Newark and spent most of his time in connection 
with the land surveys and grants of land. He was made an Executive 
Councillor on the 2nd of March, 1796. At the elections for the second 
legislature he was returned, not for Kent, but for one of the Lincolns. 
I am inclined to the opinion that it was for 4th Lincoln and Norfolk, 
as in the third parliament he was elected member for the new riding 
of Norfolk, Oxford and Middlesex. He had, I am told, a residence 
on the lake shore in Norfolk in addition to his residence at Newark. 
He was the Speaker of the second and third legislatures, and when 
he retired, in 1804, he was succeeded by Benajah Mallory. He returned 
to England and for some years managed the estate of the Duke of 
Northumberland. He was knighted in 1821, and died in 1837. 
When D. W. Smith left Canada in 1804, he took with him a large 
quantity of papers, letters and maps that had an important bearing 
on the early settlement of this province. A few years ago they were 
placed on sale and were secured by Dr. James Bain, Librarian of 
the Toronto Public Library. These papers are now in that library. 
Among them ‘s a copy of “A Memorandum of the dates of the Hon. 
D. W. Smith’s Appointment,” prepared by himself. It will be found 
in print in the report of the Association of Ontario Land Surveyors 
