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]
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."