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]

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 "