Section II., 1913 [57] Trans. R.S.C 



David William Smith. A Supplementary Note to the Upper Canada 



Election of 1792. 



By C. C. James, C.M.G., LL.D. 



Read May 28, 1913. 



In May 1902, I presented to the Royal Society of Canada a paper 

 on "The Fh-st Legislators of Upper Canada" in which I gave the list 

 of members of the first Legislature, sixteen in all, assigned them to 

 their various constituencies, and appended such dates as were avail- 

 able at the time. In that paper I set down David William Smith as one 

 of the members for the County of Kent, which included the residents 

 of Detroit, and of all the country north and west as far as the uncertain 

 boundaries of the Province extended. His colleague was William 

 Macomb. Francis or Francois Baby was set down as the member 

 for the adjoining County of Essex (and Suffolk). After the paper 

 had been written and was ready for the printer, an addendum note 

 was attached setting forth the list of members as printed in The Quebec 

 Magazine of December, 1792. This list set down David William 

 Smith as member for Essex and Francis Baby and William Macomb 

 as the two members for Kent. The question arises as to whether 

 Smith was returned for Kent, as is generally stated in historical records, 

 or whether he was returned for Essex as reported in The Quebec Maga- 

 zine. In my paper on "The Second Legislature of Upper Canada" 

 printed in the Royal Society Records for 1903, I assigned Smith to 

 Essex, and there I am disposed to leave him for the present. This 

 paper is presented not merely with a view to disposing of that question, 

 if possible, but also to make available some information as to how 

 elections were conducted in the early days. I might add this note, 

 however, that Mr. C. M. Burton, of Detroit, has stated that Smith ran in 

 Essex on the 20th of August, 1792, was defeated and at once was set 

 up in Detroit and elected on the 28th of August, along with Macomb. 

 Smith himself has left on record that he was elected a member of the 

 first Legislature on 27th August, 1792, but unfortunately be failed 

 to state for what riding he was elected. He simply put the record as 

 follows: — "Member of First Canadian Parliament, 27th August, 1792." 

 The three letters that follow bearing date 26th July, 6th August, and 

 14th August, 1792, are reproduced through the kindness of Mr. C. M. 

 Burton, Detroit, who has the originals in his collection of the Askin 

 papers. It was in the spring of 1792 that the 5th Regiment of Foot 



