[29] Ray Allen Billington, _Westward Expansion_ (New York, 1960), p. 380. Billington refers here to the distribution-pre-emption measure of 1841, whereas Congress actually recognized squatters' rights in the act of 1830. [30] Williams, "The Scotch-Irish in Pennsylvania," p. 382. CHAPTER THREE _The Politics of Fair Play_ The political system of these predominantly Scotch-Irish squatters in the Susquehanna Valley, along the West Branch, offers a vivid demonstration of the impact of the frontier on the development of democratic institutions. Occupying lands beyond the reach of the Provincial legislature, with some forty families of mixed national origin in residence by 1773, these frontier "outlaws" had to devise some solution to the question of authority in their territory.[1] Their solution was the extra-legal creation of _de facto_ rule historically known as the Fair Play system. The following is a contemporary description of that system: There existed a great number of locations of the third of April, 1769, for the choicest lands on the West Branch of Susquehanna, between the mouths of _Lycoming_ and _Pine creeks_; but the proprietaries, from extreme caution, the result of that experience, which had also produced the very penal laws of 1768, and 1769, and the proclamation already stated, had prohibited any surveys being made beyond the _Lycoming_. In the mean time, in violation of all law, a set of hardy adventurers, had from time to time, seated themselves on this doubtful territory. They made improvements, and formed a very considerable population. It is true, so far as regarded the rights to real property, they were not under the protection of the laws of the country; and were we to adopt the visionary theories of some philosophers, who have drawn their arguments from a supposed state of nature, we might be led to believe that the state of these people would have been a state of continual warfare; and that in contests for property the weakest must give way to the strongest. To prevent the consequences, real or supposed, of this state of things, they formed a mutual compact among themselves. They annually elected a tribunal, in rotation, of three of their settlers, whom they called _fair play men_, who were to decide all controversies, and settle disputed boundaries. From their decision there was no appeal. There could be no resistance. The decree was enforced by the whole body, who started up in mass, at the mandate of the court, and execution and eviction was as sudden, and irresistible as the judgment. Every new comer was obliged to apply to this powerful tribunal, and upon his solemn engagement to submit in all respects, _to the law of the land_, he was permitted to take possession of some vacant spot. Their decrees were, however, just; and when their settlements were recognized by