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.