David Fay

David Fay (December 13, 1761 – June 5, 1827) was a Vermont judge and militia officer who served on the Vermont Supreme Court and as Adjutant General of the Vermont Militia.

David Fay
Member of the Vermont Governor's Council
In office 1817–1821
Preceded by	Josiah Wright
Succeeded by	Josiah Pratt
Associate Justice of the Vermont Supreme Court
In office 1809–1813 Serving with Theophilus Harrington, Royall Tyler
Preceded by	Jonas Galusha
Succeeded by	Nathaniel Chipman, Daniel Farrand, Jonathan Hatch Hubbard
United States Attorney for Vermont
In office 1801–1809
Preceded by	Charles Marsh
Succeeded by	Cornelius P. Van Ness
State's Attorney of Bennington County, Vermont
In office 1800–1801
Preceded by	Truman Squier
Succeeded by	Richard Skinner
In office 1795–1798
Preceded by	Joshua Hathaway
Succeeded by	Truman Squier
Personal details
Born	(1761-12-13)December 13, 1761 Hardwick, Massachusetts
Died	June 5, 1827(1827-06-05) (aged 65) Bennington, Vermont
Resting place	Old Bennington Cemetery, Bennington, Vermont
Political party	Democratic-Republican
Spouse	Mary (Staniford) Fay (m. 1801)
Relations	Joseph Fay (brother)
Profession	Attorney
Military service
Allegiance	United States Vermont
Service	Vermont Militia
Years of service	1777–1822
Rank	Major General
Commands	Adjutant General of the Vermont Militia
Wars	American Revolutionary War War of 1812

Early life

David Fay was born in Hardwick, Massachusetts, on December 13, 1761.^[1] His father Stephen Fay, owner of Bennington's Catamount Tavern and one of the founders of Vermont, relocated the family to Bennington in 1766.^[2] David Fay served in the Vermont Militia as a fifer during the American Revolution, and took part in the Battle of Bennington as a member of Captain Samuel Robinson's Company.^[3][4] His brother Joseph Fay also served in the Green Mountain Boys and took part in the Battle of Bennington, and later served as Secretary of State of Vermont.^[5] His brother Jonas Fay was also a member of the Green Mountain Boys, and served in several government positions during Vermont's early years, including Justice of the Vermont Supreme Court.^[6]

Career

Fay was a farmer and surveyor.^[7] He later studied law, and attained admission to the bar in 1794.^[8]

A Democratic-Republican, he served as Bennington County State's attorney from 1795 to 1798, and again from 1800 to 1801.^[9] and was a member of the state Council of Censors in 1799 and 1806.^[10] From 1801 to 1809 Fay served as United States Attorney for Vermont.^[11]

In 1809 Fay was appointed to the Vermont Supreme Court, and he served until 1813.^[12]

From 1817 to 1821 he was a member of the Vermont Governor's Council,^[13] and he served as Bennington County's Judge of Probate from 1819 to 1820.^[14]

Military service

Following the Revolution, Fay continued his service in the militia. He attained the rank of major in the early 1790s^[15] and was a colonel by the late 1790s.^[16] In 1795 he was appointed Adjutant General of the Vermont Militia with the rank of major general. He held this position until 1822.^[17]

During the War of 1812 Fay coordinated the activities of the Vermont Militia, including units dispatched to provide security on the Vermont-Canada border and units which took part in the defense of Plattsburgh.^[18][19]

Death and burial

Fay died in Bennington on June 5, 1827, and was buried in the Old Bennington Cemetery.^[20][21]