Adam Mabane
Encyclopedia
Adam Mabane was a physician, judge and political figure in the early Province of Quebec
.
He was born in Scotland
around 1734. He was a surgeon's assistant in the British
army led by Amherst
and came to Quebec in 1760. Mabane served at the military hospital in the town of Quebec
and also set up in private practice as a doctor there. In 1764, he was named to the Council of Quebec and became a judge in the Court of Common Pleas for Quebec district. He was dismissed from the council after the arrival of a new lieutenant governor, Guy Carleton
, in 1766. In 1775, he was named to the Legislative Council and became a leader of the French party in the council. After Peter Livius was dismissed from office as Chief Justice for Quebec in 1786, Mabane assumed many of the duties associated with that position. Although the Legislative Council supported the introduction of habeas corpus
for criminal
cases in 1784, Mabane and the French party opposed the introduction of the principles of English civil law
into the province, seeing this as contrary to the Quebec Act
.
When new councils were established by the Constitutional Act of 1791
, Mabane was named to both the Executive and Legislative Council
s. However he died in Sillery
, Lower Canada
in January 1792, before he could be sworn into office.
Province of Quebec (1763-1791)
The Province of Quebec was a colony in North America created by Great Britain after the Seven Years' War. Great Britain acquired Canada by the Treaty of Paris when King Louis XV of France and his advisors chose to keep the territory of Guadeloupe for its valuable sugar crops instead of New France...
.
He was born in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
around 1734. He was a surgeon's assistant in the British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
army led by Amherst
Jeffrey Amherst, 1st Baron Amherst
Field Marshal Jeffery Amherst, 1st Baron Amherst KCB served as an officer in the British Army and as Commander-in-Chief of the Forces.Amherst is best known as one of the victors of the French and Indian War, when he conquered Louisbourg, Quebec City and...
and came to Quebec in 1760. Mabane served at the military hospital in the town of Quebec
Quebec City
Quebec , also Québec, Quebec City or Québec City is the capital of the Canadian province of Quebec and is located within the Capitale-Nationale region. It is the second most populous city in Quebec after Montreal, which is about to the southwest...
and also set up in private practice as a doctor there. In 1764, he was named to the Council of Quebec and became a judge in the Court of Common Pleas for Quebec district. He was dismissed from the council after the arrival of a new lieutenant governor, Guy Carleton
Guy Carleton
Guy Carleton may refer to:*Guy Carleton , , Anglican bishop*Guy Carleton, 1st Baron Dorchester, , Irish soldier and early Governor of Canada*Guy Carleton Wiggins, American landscape painter...
, in 1766. In 1775, he was named to the Legislative Council and became a leader of the French party in the council. After Peter Livius was dismissed from office as Chief Justice for Quebec in 1786, Mabane assumed many of the duties associated with that position. Although the Legislative Council supported the introduction of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
for criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases in 1784, Mabane and the French party opposed the introduction of the principles of English civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
into the province, seeing this as contrary to the Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...
.
When new councils were established by the Constitutional Act of 1791
Constitutional Act of 1791
The Constitutional Act of 1791, formally The Clergy Endowments Act, 1791 , is an Act of the Parliament of Great Britain...
, Mabane was named to both the Executive and Legislative Council
Legislative Council of Lower Canada
The Legislative Council of Lower Canada was the upper house of the bicameral structure of provincial government in Lower Canada until 1838. The upper house consisted of appointed councillors who voted on bills passed up by the Legislative Assembly of Lower Canada. The legislative council was...
s. However he died in Sillery
Sillery, Quebec
Sillery is a former city in central Quebec, Canada. Located just west of old Quebec City, Sillery was among the many outlying municipalities amalgamated into an expanded Quebec City on January 1, 2002. Its former territory now forms part of the new Borough of Sainte-Foy—Sillery—Cap-Rouge...
, Lower Canada
Lower Canada
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence...
in January 1792, before he could be sworn into office.