From these limited data one obviously concludes that the Scotch-Irish

were not only the most numerous but also the most persistent of these

frontiersmen. Also, nine of these men, that is all except Clark, Jones,

and King, appear on the tax lists for Northumberland County for the year

1785.[24] Interestingly enough, six of these nine were Scotch-Irish; and

although our sample is limited, it is readily apparent that the stalwart

Scots had a way of "hanging on." It would be presumptuous to conclude

that seventy-five per cent of the residents before 1778 returned by

1785; but it is fact that some forty families had made improvements in

the area by 1773 when William Cooke was sent out by the Land Office to

"Warn the People of[f] the unpurchased Land."[25] Furthermore, as

indicated earlier, some fifty families appear on the assessments for

1786, more than half of whom had been in the region before.

Any effort to analyze the population in terms of stability and mobility

runs head-on into the creation of new townships in the 1780's, the

inability to establish death rates for this frontier, and the inadequacy

of probate records. The result is that the data are intuitively rather

than statistically sound. Chart 5 offers a comparison of tax lists over

a period of nine years as the basis for some conclusions regarding the

stability and mobility of the Fair Play settlers.

CHART 5

Population Stability and Mobility

Based Upon a Comparison of Tax Lists

For the Period From 1778 to 1787.[26]

1778-80 1781 1783-84 1786 1787

==========================================================

Number of residents

assessed 27 29 34 40 68

Number appearing on

previous assessments 6 19 21 14 33

----------------------------------------------------------

Except for the 1783-84 figures, all of the tax data are for State taxes.

The exception is the listing for the federal supply tax in 1783-84. The

steady growth rate of the area is easily recognizable both in raw

figures and in percentages. Beginning with an increase of a little more

than seven per cent between the first two listings, we find a seventy

per cent increase in the final figures. The tremendous increase in the

last two assessments may be due to the purchase of 1784 and the

subsequent legitimizing of claims through the establishment of

pre-emption rights.

The stability of the population is particularly noted in the

consistently high percentage of residents with some tenure in the

valley. Furthermore, the apparent contradiction of this statement by the

decline to fourteen residents in the 1786 listing who had once left and

then returned is offset when one examines the neighboring township

assessments for that same year. Here fourteen additional names of former

Fair Play settlers are to be found which would sustain the

characteristic pattern of tenure. The statistical problem is complicated

by the creation of new townships following the purchase of 1784. Pine

Creek and Lycoming were the new designations for the former Fair Play

territory, Pine Creek running from the creek of that same name west, and

Lycoming extending from Pine Creek east to Lycoming Creek.

Petitions from the area in 1778, 1781, and 1784 give a similar picture.

Almost half of the names which are found on the tax lists appear on two

or more of these appeals. These include a distress petition in June of

1778, and petitions asking recognition of pre-emption rights in 1781 and

1784.[27] The signatures on the petitions range in number from

thirty-nine to fifty-one, and at least twenty-four of these settlers

signed two or more of these documents. The very nature of these

petitions, particularly the later ones, indicates the tremendous desire

on the part of these sturdy pioneers to remain in or return to their

homes in the West Branch Valley. Here too, however, this tenacity of

purpose is not strictly confined to the Scotch-Irish.

What conclusions can be drawn from this analysis of the demographic

factors in the Fair Play settlement? Particularly evident is the

dominance of the Scotch-Irish, who numerically composed the greatest

national stock group in the population. This dominance, as we have

already noted, greatly influenced the political and social institutions

of the area. Secondly, one might consider the numbers of English

settlers, as compared with the number of Germans, surprising. As a

matter of fact, if one adds the numbers of Scots and Welsh inhabitants

to the English and Scotch-Irish, the result is an "English" percentage

of seventy-seven and one half for the entire population. Thus it is

quite logical to assume that English customs and language would prevail,

and they did. Incidentally, it should be added that the "English" nature

of the population, combined with the Scotch-Irish plurality, meant that

the Scotch-Irish were more representative of this frontier than they

were innovators of its customs and values.

If a majority of the Fair Play settlers came from the British Isles,

from where did they emigrate in America? Here it is quite clear that

these frontiersmen were predominantly from the lower Susquehanna Valley

and southeastern Pennsylvania. Pennsylvania was to them a land of

liberty and opportunity;[28] and when they failed to find these

privileges in the settled areas, they moved out on the frontier where

they could make their own rules, that is to say, establish their own

familiar institutions. The result was the Fair Play system.

Although the Fair Play settlers came to America and central Pennsylvania

for the usual political, economic, and social reasons, the two Stanwix

treaties and the Indian raids of 1778 had the most influence on

population fluctuations. The pioneers came into the territory

over-reaching the limits of the "New Purchase" of 1768. They were driven

out, almost to a man, in the Great Runaway of 1778. And finally, they

returned after the second "New Purchase" in 1784, which resulted in the

recognition of their pre-emption claims for their earlier illegal

settlements. It is interesting to note that pre-emption claims were

recognized in the West Branch Valley some forty-five years prior to

federal legislation to that effect.[29]

Despite fluctuations in the population, the Scotch-Irish were able to

maintain their hold over the valley and thus influence the pattern of

development for this frontier outpost. Horace Walpole, addressing the

English Parliament during the American Revolution, said, "There is no

use crying about it. Cousin America has run off with a Presbyterian

parson, and that is the end of it."[30] The Scotch-Irish with their

Presbyterianism had run off with the West Branch Valley as well; and

their independent spirit would see them in the foreground of the

"noblest rupture in the history of mankind." That independent spirit and

leadership is particularly noted in the political system which they

established along the West Branch of the Susquehanna River. Their "Fair

Play system" is the primary concern of the next chapter.

FOOTNOTES:

[1] E. Melvin Williams, "The Scotch-Irish in Pennsylvania," _Americana_,

XVII (1923), 382.

[2] This chart was compiled by making a list of eighty names appearing

in an article on the genealogy of the Fair Play men, Helen Herritt

Russell, "The Documented Story of the Fair Play Men and Their

Government," _The Northumberland County Historical Society Proceedings

and Addresses_, XII (1958), 16-43. Mrs. Russell is genealogist of the

Fort Antes chapter of the Daughters of the American Revolution in Jersey

Shore, Pa. The names were checked in Meginness and Linn for possible

national origin. Approximately one-fourth were verified in these

sources. Although this writer questioned the validity of the geographic

conclusions of Meginness and Linn, both have ample documentation for

their findings regarding genealogy and national origins. These findings

can be validated in the published archives. The entire sample of names

was submitted to Dr. Samuel P. Bayard, a folklore specialist and

professor of English at the Pennsylvania State University, whose

determination was made on the basis of linguistic techniques.

[3] Popular control was an American rather than a Scottish influence

necessitated by the absence of sufficient numbers of ministers. In

Scotland, the minister chose his elders and thus dominated the session;

in America, the selection was made by the congregation. _See_ James G.

Leyburn, _The Scotch-Irish: A Social History_ (Chapel Hill, 1962), p.

150.

[4] Carl Wittke, _We Who Built America_ (Cleveland, 1963), p. 57.

[5] American Council of Learned Societies, "Report of Committee on

Linguistic and National Stocks in the Population of the United States,"

_Annual Report of the American Historical Association for the Year 1931_

(Washington, 1932), I, 124.

[6] This summary has been prepared from three main sources: Wayland F.

Dunaway, _The Scotch-Irish of Colonial Pennsylvania_ (Hamden, Conn.,

1962), pp. 89-91; Meginness, _Otzinachson_ (1889), pp. 161-167; and John

B. Linn, _History of Centre and Clinton Counties, Pennsylvania_

(Philadelphia, 1883), pp. 447, 481-482.

[7] Williams, "The Scotch-Irish in Pennsylvania," p. 382.

[8] Wayland F. Dunaway, _A History of Pennsylvania_ (Englewood Cliffs,

N. J., 1948), pp. 131-137. According to John Bacon Deans, "The Migration

of the Connecticut Yankees to the West Branch of the Susquehanna River,"

_The Northumberland County Historical Society Proceedings and

Addresses_, XX (1954), 34-35, eighty-two Yankees came to Warrior's Run

in September of 1775, but none went farther west.

[9] Wyoming Historical and Geological Society, Wilkes-Barre, Pa., The

Zebulon Butler Papers, Jonas Davis to Zebulon Butler, March 16, 1773.

[10] Meginness, _Otzinachson_ (1889), p. 340.

[11] Linn, _History of Centre and Clinton Counties_, p. 475; Meginness,

_Otzinachson_ (1889), pp. 508-511.

[12] Linn, _History of Centre and Clinton Counties_, p. 477; Meginness,

_Otzinachson_ (1889), p. 666.

[13] O'Callaghan, _Documentary History of the State of New York_, I,

587-591.

[14] Meginness, _Otzinachson_ (1889), p. 509. This July 12, 1778,

communication from Colonel Hunter did not fall on deaf ears, for Colonel

Thomas Hartley was ordered to the area with his regiment before the

summer was out.

[15] Linn, _History of Centre and Clinton Counties_, p. 475.

[16] Richmond D. Williams, "Col. Thomas Hartley's Expedition of 1778,"

_Now and Then_, XII (1960), 258-259.

[17] Wallace, _Conrad Weiser_, pp. 362-363. Lydius had gotten the

Indians drunk following the settlement at Albany between the Six Nations

and the Proprietaries. This boundary line (Albany) "crossed the West

Branch below the Big Island," p. 374.

[18] _Pennsylvania Archives_, First Series, XI, 508.

[19] Meginness, _Otzinachson_ (1889), p. 667.

[20] Linn, _History of Centre and Clinton Counties_, p. 477.

_Pennsylvania Archives_, Third Series, XIX, 711-713.

[21] The ambiguity of the term "New Purchase" becomes apparent once it

is recognized that territorial acquisitions of both Stanwix treaties

adopted that appellation.

[22] Dunaway, _The Scotch-Irish of Colonial Pennsylvania_, pp. 28-49.

[23] Northumberland County Courthouse, Sunbury, Pa., Penns & C.

1782-1811 Tax Assessments, Cabinet #1. This book, found in the cellar of

the courthouse, also contains the Pine Creek assessment for 1789.

[24] _Pennsylvania Archives_, Third Series, XIX, 618-622.

[25] _Pennsylvania Archives_, First Series, XII, 286-287. The squatters,

apparently warned in advance, had practically all vacated the premises.

However, neighbors across the river willingly gave their names.

[26] _Pennsylvania Archives_, Third Series, XIX, 437, 468, 557, 711,

790.

[27] _Pennsylvania Archives_, Second Series, III (1875), 217, 518-522.

The original petitions of 1781 and 1784 are located in the State

Archives, Harrisburg.

[28] Penn's colony was well advertised, and the emphasis upon liberty of

conscience, when contrasted with the restrictions of the Test Act, gives

ample support for the significance of liberty as a motivating factor.

However, economic causes predominated.

[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

law, and _fair play_ had ceased, their decisions were received in

evidence, and confirmed by judgments of courts.[2]

The idea of authority from the people was nothing new; in fact, it is as

old as the Greeks. Nor is the concept of a "social compact," here

implied, particularly novel to the American scene. The theory was that

people hitherto unconnected assembled and gave their consent to be

governed by a certain ruler or rulers under some particular form of

government.[3] Theoretically justified by John Locke in his persuasive

defense of the Glorious Revolution, it had been practiced in Plymouth,

Rhode Island, Connecticut, and New Hampshire, where practical necessity

had required it for settlements occasionally made outside charter

limits. The frontier, whether in New England or in the West Branch

Valley, created a practical necessity which made popular consent the

basis of an actual government.

They were not "covenanters" in the Congregational sense of having

brought an established church with them to the Fair Play territory. But

the Fair Play settlers understood and subscribed to the principle of

popular control, which was fundamental to such solemnly made and

properly ratified agreements. Separated from the authority of the crown,

detached from the authority of the hierarchy of the church by the

Protestant Reformation, possessing no American tradition of extensive

political experience, these settlers could only depend upon themselves

as proper authorities for their own political system.

Furthermore, the great majority of the settlers who came to the Fair

Play territory came from families who had left their homes in the old

country to escape political, economic, and social restrictions, only to

be made unwelcome in their new homes in the settled areas of

Pennsylvania. Displaced persons in a new country, they were forced by

lives of conflict to seek better opportunity by moving to undeveloped

lands. As a result, they settled along the West Branch of the

Susquehanna, beyond the authority of the crown and outside the pressures

of the Provincial legislature.

If man is a predatory beast in his natural state, a belief some

expressed in the eighteenth century, then it follows naturally that

every society must have some agency of authority and control. The

universally standardized solution to the problem of social control is

government. The Fair Play system was the answer on this Susquehanna

frontier to the need for some legitimate agency of force.[4] This system

vested authority in the people through annual elections of a tribunal of

three of their number. The members of the tribunal were given

quasi-executive, legislative, and judicial powers over all the settlers

in the West Branch Valley "beyond the purchase line."[5]

Although no record of any of these elections has been preserved, the

composition of the Fair Play tribunal in 1776 has been established and

verified by subsequent reviews of land claims in the county courts.[6]

Also, two of the members of the tribunal of 1775 are identified in a

pre-emption claim made before the Lycoming County Court in 1797.[7] It

is interesting to note that among these five men are represented the

three most prominent national stock groups in the area, with the

Scotch-Irish, as our earlier sample demonstrated, in the majority.

Lacking returns of the annual elections of the tribunal and minutes of

its actual meetings, we have only Smith's _Laws of the Commonwealth of

Pennsylvania_, petitions from the Fair Play settlers, and the subsequent

review of land questions by the Northumberland and Lycoming County

courts to evaluate the tribunal, its members, and its procedures.

However, these data are more than adequate in giving us a picture of

this _de facto_, though illegal, rule, which existed in the West Branch

Valley until the Treaty of Fort Stanwix in 1784 brought the territory

under Commonwealth jurisdiction. The composition of the electorate

varied with the fluctuations in population caused by the two Stanwix

treaties, the Revolution, and the Great Runaway.

Since property and religious qualifications were the primary

prerequisites to voting at this time, it seems logical to assume that a

similar basis for suffrage operated in the West Branch Valley.[8] Having

no regular church--the first, a Presbyterian, was not organized until

1792--property qualifications appear to have been the basis for what, in

this area, was practically universal manhood suffrage. Due to the fact

that the entire settlement consisted of squatters, practically all of

the heads of households were property holders, regardless of the

questionable legality of their holdings. The tax lists indicate holdings

of some 100 to 300 acres on the average for residents, so it is

particularly difficult to know whether or not a minimum holding

requirement prevailed. The Provincial suffrage requirement in this

period was generally fifty acres of land or L50 of personal property.[9]

Although this study encompasses a fifteen-year period from 1769 to 1784,

it appears that the Fair Play system functioned for about five years,

from 1773 to 1778. This is due to the fact that only "fourty

Improvements,"[10] meaning forty family settlements, existed in the area

by 1773, and that following the Great Runaway of 1778, the territory was

almost devoid of settlers. The void was filled, however, when settlers

began returning toward the end of the Revolution and following the

accession of the territory in the second Stanwix Treaty, in 1784. Thus,

for all practical purposes, the functioning of the Fair Play system was

confined to this more limited time. Furthermore, the system was

supplemented in 1776 by the introduction of the Committee of Safety, and

later that year by the Council of Safety.[11]

As is indicated in Smith's _Laws_, annual meetings were held to select

the governing tribunal of three for the ensuing year. Generally convened

at some readily accessible place, these sessions were presumably held in

the open or at one of the frontier forts erected in the area: Fort

Antes, across the river from Jersey Shore; or Fort Horn, located on the

south side of the Susquehanna about eight miles west of Jersey Shore.

There were frontier forts in the vicinity of the present Muncy--Fort

Muncy--and Lock Haven--Fort Reed; but Fort Muncy was some twenty-odd

miles east of the Fair Play territory and Fort Reed was beyond the Great

Island at its western extremity. As a result, these outposts were

unlikely meeting places for the tribunal or for its election.[12]

Unfortunately, there is no recorded evidence of a specific meeting of

the Fair Play men.

The authority of the Fair Play tribunal extended across the entire

territory from Lycoming Creek to the Great Island on the north side of

the West Branch of the Susquehanna. However, most of the disputed cases,

which can be verified by subsequent court reviews in either

Northumberland or Lycoming counties, seem to have involved land claims

in the area between Lycoming and Pine creeks. The tribunal accepted or

rejected claims for settlement in the area and decided boundary

questions and other controversies among settlers.[13] As to a specific

code of laws, there is none of record. However, the cases subsequently

reviewed in the established county courts refer to some of their regular

practices. For example, any man who left his improvement for six weeks

without leaving someone to continue it, lost his right to the

improvement;[14] any man who went into the army could count on the Fair

Play men (the tribunal) to protect his property;[15] any man who sought

land in the territory was obliged to obtain not only the approval of the

Fair Play men but also of his nearest potential neighbors;[16] and the

summary process of ejectment which the Fair Play men exercised was real

and certain and sometimes supported by the militia.[17]

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]

The Fair Play Settlers of the West Branch Valley, 1769-1784 A Study of Frontier Ethnography · 第 3 / 12 段