David Fay (December 13, 1761June 5, 1827) was a
Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to the ...
judge and militia officer who served on the
Vermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court.
The Cou ...
and as Adjutant General of the
Vermont Militia
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to the ...
.
Early life
David Fay was born in
Hardwick, Massachusetts on December 13, 1761. His father Stephen Fay, owner of
Bennington's
Catamount Tavern
The Catamount Tavern was a tavern in Old Bennington, Vermont, Old Bennington, Vermont, United States. Originally known as Fay's House, it is marked now by a granite and copper statue placed in 1896. It was built 1769 and burned in 1871. During ...
and one of the founders of
Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to the ...
, relocated the family to Bennington in 1766. David Fay served in the Vermont Militia as a
fifer
A fifer is a non-combatant military occupation of a foot soldier who originally played the fife during combat. The practice was instituted during the period of Early Modern warfare to sound signals during changes in formation, such as the line, ...
during the
American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolu ...
, and took part in the
Battle of Bennington
The Battle of Bennington was a battle of the American Revolutionary War, part of the Saratoga campaign, that took place on August 16, 1777, on a farm owned by John Green in Walloomsac, New York, about from its namesake, Bennington, Vermont. A ...
as a member of Captain Samuel Robinson's Company. 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
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court.
The Cou ...
.
Career
Fay was a farmer and
surveyor. He later studied law, and attained admission to the bar in 1794.
A
Democratic-Republican, he served as
Bennington County State's attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a ...
from 1795 to 1798,and again from 1800 to 1801. and was a member of the state Council of Censors in 1799 and 1806. From 1801 to 1809 Fay served as
United States Attorney for Vermont.
In 1809 Fay was appointed to the
Vermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court.
The Cou ...
, and he served until 1813.
From 1817 to 1821 he was a member of the Vermont Governor's Council, and he served as Bennington County's Judge of Probate from 1819 to 1820.
Military service
Following the Revolution, Fay continued his service in the militia. He attained the rank of
major in the early 1790s and was a
colonel
Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations.
In the 17th, 18th and 19th centuries, a colonel was typically in charge ...
by the late 1790s. In 1795 he was appointed Adjutant General of the Vermont Militia with the rank of
major general
Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...
. He held this position until 1822.
During the
War of 1812
The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It ...
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.
Death and burial
Fay died in Bennington on June 5, 1827 and was buried in the Old Bennington Cemetery.
Vermont, U.S., Vital Records, 1720-1908
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References
{{DEFAULTSORT:Fay, David
1761 births
1827 deaths
People from Bennington, Vermont
Vermont militiamen in the American Revolution
American militiamen in the War of 1812
American militia generals
Vermont Democratic-Republicans
Vermont lawyers
State's attorneys in Vermont
Vermont state court judges
Justices of the Vermont Supreme Court
United States Attorneys for the District of Vermont
People from Hardwick, Massachusetts
Farmers from Vermont
American surveyors
Burials in Vermont
19th-century American lawyers
Military personnel from Massachusetts