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.
First of all, Fithian's _Journal_ gives insight into the possible motivation for such independent action. In an entry for Thursday, July 27, 1775, he writes of reviewing "the 'Squires Library," noting that "After some Perusal I fix'd in the Farmer's memorable Letters."[44] Fithian was reading John Dickinson's _Letters from a Farmer in Pennsylvania_, which he had come across in the library of John Fleming, his host for a week in the West Branch Valley. Dickinson's dozen uncompromising epistles in opposition to the Grenville and Townshend programs both inspired and incited liberty-lovers. Furthermore, Fleming himself was a leader among the Fair Play settlers, and may have been aroused to action by the eloquence of Dickinson's expression. Every idea is an incitement to action and the ideas of _Letters from a Farmer_, which made Dickinson the chief American propagandist prior to Thomas Paine, reached into the frontier of the West Branch Valley.