David Fay
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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