Hurrah for the glorious Fourth of July !
Such was the cheer that came from the patriots at the signing of the declaration of independence on July Fourth 1776.
Except for one twist...
These particular patriots are unheard of in the recounting of our independence in modern day textbooks and popular media. They do live on in arcane history books and dusty library shelves however.
I refer to the Fair Play Men of the west branch valley of the Susquehanna river in north central Pennsylvania. A group or independent, freedom loving patriots living on the frontier of civilization. Without any legal system in place, they took it upon themselves to create their own legal system based on freedom.
The system they created, known from then on as 'Fair Play' came into creation in 1773 in a valley that had been purchased by the Penn family from the controlling Indian tribes. The Penns were known for their extreme measures to ensure fair dealings with the Indians. The land occupied by the settlers had been purchased for that reason but had been put on hold because one tribe had disputed one of the boundaries that included the valley ( the dispute, after hearing all testimonies, being declared by both sides, a mistake ).
Being pioneers, and independent for generations preceding, the settlers knew that possession was key to ownership once the dispute was settled. ( they knew at the time that the interfering tribe had no claim to the land and that the Penns were, as mentioned, going to extreme lengths to keep the peace ). Pennsylvania government would not recognize the settlers as citizens until the dispute was settled.
Upon occupying, they needed to have a legal system or anarchy would be the result, leaving nothing for their effort. They enacted the Fair Play system which is described as...
'These settlers, being classed as outlaws, were compelled to enter into some kind of an organization for their government and protection. This condition of affairs resulted in what was known as the Fair Play system. Tradition informs us that they adopted a regular code of laws for their government, but as it was not preserved, we are left in ignorance of its provisions. The courts of the Fair Play men were often held at a place near what is now known as Chatham's Mill, in Clinton County. But it is doubtful if they had any regular place of meeting, or stated time for the transaction of business. The time of meeting was brought about by the exigencies that might arise. The court could be convened at any place within the territory over which it exercised jurisdiction, and on short notice, to try any case that might be on hand. It is related that when a squatter refused to abide by the decisions of the court, he was immediately placed in a canoe and rowed to the mouth of Lycoming Creek, the boundary line of civilization, and there sent adrift down the river. '
and humorously...
'An anecdote is handed down which serves to illustrate Fair Play principles. Once upon a time, when Chief Justice McKean was holding court in this district, he inquired, partly from curiosity and partly in reference to the case before him, of a shrewd old Irishman named Peter Rodey, if he could tell him what the provisions of the Fair Play code were. Peter's memory did not exactly serve him as to details, and he could only convey an idea of them by comparison, so, scratching his head, he answered : "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."
This sharp rejoinder created a good deal of merriment in court, and the judge was satisfied to ask no more questions reflecting upon the legal tribunal over which Peter had in turn presided. '
These Patriots took it upon themselves to establish a form of self government that would protect their lives and property. It was out of necessity due to the inaction and refusal of the existing government to do so.
The Colonial government used the Scots-Irish immigrants as a buffer between the populated areas around Philadelphia and the constant threat of the Indians and French to the west. The peaceful Quakers would have had a tough time sticking to their beliefs had the frontier population not been there to protect them.
The land grants reflect this strategy and was the willing price paid for the opportunity to live ones life in freedom. After the War, the Pennsylvania judiciary reviewed all of the Fair Play decisions and overturned none. Such were the decisions of our forefathers when confronted with a government that did not recognize them.
And on the Fourth of July 1776, a time when instant communications did not exist, by coincidence, they signed their own Declaration of Independence under an elm tree along the banks of the Susquehanna River. Such were the actions of a free and independent people and indicative of the spirit of all who brought about a new Nation.
I found many parallels in our discussions between the settlers in the Gulch and those in the Valley.
For the readers that doubt this similarity, the above is true and recorded for posterity. It is my belief that Ayn Rand would have enjoyed studying this bit of American history and found much of her philosophy in practice.
Now we know where “up a creek without a paddle” came from.
Thank you. Happy Fourth of July!