The Fair Play Settlers of the West Branch Valley, 1769-1784: A Study of Frontier EthnographyWolf, George D.
History
The Fair Play Settlers of the West Branch Valley, 1769-1784: A Study of Frontier Ethnography
Wolf, George D.
Frontier and pioneer life -- Pennsylvania; Lycoming County (Pa.) -- History
The specific membership of the Fair Play tribunal is rather difficult to
ascertain due to its failure to keep minutes of its proceedings and the
absence of any recorded code. However, as indicated earlier,[18] the
existence of the tribunal between the years 1773 and 1778, and its
actual composition in 1775 and 1776, have already been established from
the review of its decisions by the Circuit Court of Lycoming County.
Assuming the principle of rotation from a contemporary description,
some eighteen settlers held the positions of authority during the years
noted.[19] The cases reviewed reveal the names of five of these
eighteen. Recognizing the limitations of our twenty-eight per cent
sampling, however, it is interesting to note that the three major
national stocks are represented in this restricted sample. Furthermore,
as was mentioned previously,[20] the Scotch-Irish settlers, being in the
majority, enjoyed the majority representation on the tribunal. An
analysis of leadership in the territory, to be developed more fully
later, leads one to conclude that the Scotch-Irish, in the main, were
the political leaders of the area.[21]
A diligent search of some sixty cases in the Court of Common Pleas in
both Northumberland and Lycoming counties yielded some documentary
evidence regarding the procedures of the Fair Play tribunal.[22] Three
cases in Lycoming County and one from Northumberland County contain
depositions which describe the activities of the Fair Play men in some
detail. One case, _Hughes_ vs. _Dougherty_, was appealed to the Supreme
Court of the Commonwealth. All of the cases deal with the question of
title to lands in the Fair Play territory following the purchase of
these lands at the Treaty of Fort Stanwix in 1784. The depositions taken
in conjunction with these cases indicate the processes of settlement and
ejectment, in addition to the policies regarding land tenure. The
fairness of the Fair Play decisions is noted by the fact that the
regular courts concurred with the earlier judgments of the tribunal.[23]
An anecdote involving one of the Fair Play men, Peter Rodey, illustrates
the nature of this frontier justice. According to legend, Chief Justice
McKean of the State Supreme Court was holding court in this district,
and, curious about the principles or code of the Fair Play men, he
inquired about them of Peter Rodey, a former member of the tribunal.
Rodey, unable to recall the details of the code, simply replied: "All I
can say is, that since your Honor's coorts have come among us, _fair
play_ has entirely ceased, and law has taken its place."[24]
Public-domain text, read in full here on John Shaqi.
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