David Fay (December 13, 1761June 5, 1827) was a Vermont judge and militia officer who served on the Vermont Supreme Court and as Adjutant General of the Vermont Militia.
Early life David Fay was born in Hardwick, Massachusetts, on December 13, 1761.Freemasons of the Grand Lodge of Vermont, Records of the Grand Lodge of Free and Accepted Masons of the State of Vermont, 1879, page 42 His father Stephen Fay, owner of Bennington's Catamount Tavern and one of the founders of Vermont, relocated the family to Bennington in 1766.Zadock Thompson, History Of Vermont, Part III, 1842, pages 17–18 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.James Davie Butler, George Frederick Houghton, editors, Addresses on the Battle of Bennington: And the Life and Services of Colonel Seth Warner, 1849, page 39University of the State of New York Board of Regents, New York in the Revolution, 1887, page 536 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. 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.
Career Fay was a farmer and surveyor.Almer J. Elliot, The Berkshire, Vermont, Chaffees, and Their Descendants, 1801–1911, 1911, page 16 He later studied law, and attained admission to the bar in 1794.Vermont General Assembly, Records of the Council of Safety and Governor and Council of the State of Vermont, Volume 6, 1878, page 174
A Democratic-Republican, he served as Bennington County State's attorney from 1795 to 1798, and again from 1800 to 1801.Alexander Hamilton, author, Harold C. Syrett, editor, The Papers of Alexander Hamilton, Volume 22, 1975, page 117 and was a member of the state Council of Censors in 1799 and 1806.Lee Stephen Tillotson, Ancient Craft Masonry in Vermont, 1920, page 32 From 1801 to 1809 Fay served as United States Attorney for Vermont.Leonard Deming, Catalogue of the Principal Officers of Vermont, 1851, page 112
In 1809 Fay was appointed to the Vermont Supreme Court, and he served until 1813.Daniel Roberts, A Digest of All the Reported Decisions of the Supreme Court of the State of Vermont, Volume 1, 1907, page v
From 1817 to 1821 he was a member of the Vermont Governor's Council,Jacob G. Ullery, Men of Vermont Illustrated, 1894, page 178 and he served as Bennington County's Judge of Probate from 1819 to 1820.Vermont General Assembly, Journals of the General Assembly of the State of Vermont, 1820, page 32
Military service Following the Revolution, Fay continued his service in the militia. He attained the rank of major in the early 1790sVermont General Assembly, Records of the Governor and Council of the State of Vermont, 1875, page 215 and was a colonel by the late 1790s.Vermont Historical Society, News and Notes: A Monthly Newsletter, Volumes 11–15, 1959, page 83 In 1795 he was appointed Adjutant General of the Vermont Militia with the rank of major general. He held this position until 1822.Vermont Adjutant General, Annual Report, 1966, page 4
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.Vermont General Assembly, Records of the Governor and Council of the State of Vermont, Volume 6, 1878, pages 466–467Henry Swan Dana, History of Woodstock, Vermont, 1889, page 292
Death and burial Fay died in Bennington on June 5, 1827, and was buried in the Old Bennington Cemetery.Abby Maria Hemenway, The Vermont Historical Gazetteer, Volume 1, 1867, page 174Vermont, U.S., Vital Records, 1720-1908
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