The Fair Play Settlers of the West Branch Valley, 1769-1784: A Study of Frontier Ethnography — John Shaqi
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 justice of "fair play" and the nature of the system can be seen from
an analysis of the cases reviewed subsequently in the established
courts. As mentioned previously, these cases describe the procedures
regarding settlement, land tenure, and ejectment. Although no recorded
code of laws has been located, references to "resolutions of the Fair
Play men" regularly appear in the depositions and summaries of these
cases.[25] According to Leyburn, a customary "law" concerning settlement
rights operated on the frontier, particularly among the
Scotch-Irish.[26] This "law" recognized three settlement rights: "corn
right," which established claims to 100 acres for each acre of grain
planted; "tomahawk right," which marked off the area claimed by
deadening trees at the boundaries of the claim; and, "cabin right,"
which confirmed the claim by the construction of a cabin upon the
premises. If the decisions of the regular courts are at all indicative,
Fair Play settlement was generally based upon "cabin right." However,
the frequent allusion to "improvements" implies some secondary
consideration to what Leyburn has defined as "corn right."
In the case of _Hughes_ vs. _Dougherty_, the significance of
"improvements," or "corn rights," vis-a-vis "cabin rights" is
particularly noted.[27] The following summary of that case, found in
_Pennsylvania Reports_, emphasizes that significance, in addition to
defining a Fair Play "code" pertaining to land tenure:
THIS was an ejectment for 324 acres of land, part of the Indian
lands in _Northumberland_ county.
The plaintiff claimed under a warrant issued on the 2d _May_ 1785,
for the premises, and a survey made thereon upon the 10th _January_
1786. The defendant, on the 20th _June_ 1785, entered a caveat
against the claims of the plaintiff, and on the 5th _October_
following, took out a warrant for the land in dispute, on which he
was then settled. Both claimed the pre-emption under the act of 21st
_December_ 1784,[28] and on the evidence given the facts appeared to
be:
That in 1773, one _James Hughes_, a brother of the plaintiff,
settled on the lands in question and made some small improvements.
In the next year he enlarged his improvement, and cut logs to build
an house. In the winter following he went to his father's in
_Donegal_ in _Lancaster_ county, and died there. His elder brother
_Thomas_ was at that time settled on the Indian land, and one of the
"Fair Play Men," who had assembled together and made a resolution,
(which they agreed to enforce as the law of the place,) that "if any
person was absent from his "settlement for six weeks he should
forfeit his right." [Quotation marks as published.]
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