st west of Jersey Shore in the Fair Play territory, gained
possession of a dog which belonged to an Indian. Upon learning of this,
the Indian appealed to the Fair Play men, who ordered Clark's arrest and
trial for the alleged theft. Clark was convicted and sentenced to be
lashed. The punishment was to be inflicted by a person decided by lot,
the responsibility falling upon the man drawing the red grain of corn
from a bag containing grains of corn for each man present. Philip Antes
was the reluctant "winner." The Indian, seeing that the decision of the
"court" was to be carried out immediately, magnanimously suggested that
banishment would serve better than flogging. Clark agreed and left for
the Nippenose Valley, where his settlement is a matter of record.[39]

Another anecdote, if true, gives further testimony to the justice of
Fair Play. In this instance, a minister and school teacher named Kincaid
faced the Fair Play tribunal on the charge of abusing his family. Tried
and convicted, he was sentenced to be ridden on a rail for his
offense.[40] Here again, the tale, though legendary, is made plausible
by the established fact of Kincaid's residence in the area.[41]

Doubtless the most notable political action of the Fair Play settlers is
their declaration of independence, which Meginness calls "a remarkable
coincidence" because "it took place about the same time that the
Declaration was signed in Philadelphia!"[42] Aware, as were many of the
American colonists in the spring and summer of 1776, that independence
was being debated in Philadelphia, these West Branch pioneers decided to
absolve themselves from all allegiance to the Crown and declare their
own independence. Meeting under a large elm on the west bank of Pine
Creek, mistakenly known as the "Tiadaghton Elm," the Fair Play men and
settlers simply resolved their own right of self-determination, a
principle upon which they had been acting for some time. Unfortunately,
no record of the resolution has been preserved--if it was actually
written. However, the names of the supposed signers, all bona fide Fair
Play settlers, have been passed down to the present.[43]

As every careful historian knows, no declaration was signed in
Philadelphia on July 4, 1776, except by the clerk and presiding officer
of the Continental Congress. Consequently, the Pine Creek story arouses
justifiable skepticism. However, there does seem to be some evidence to
substantiate this famous act