David Fay
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David Fay (December 13, 1761June 5, 1827) was a
Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...
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 court ...
and as Adjutant General of the Vermont Militia.


Early life

David Fay was born in
Hardwick, Massachusetts Hardwick is a town in Worcester County, Massachusetts, Worcester County, Massachusetts, United States, about northwest of the city of Worcester, Massachusetts, Worcester. It had a population of 2,667 at the 2020 United States census, 2020 census. ...
, on December 13, 1761. His father Stephen Fay, owner of
Bennington Bennington is a New England town, town in Bennington County, Vermont, United States. It is one of two shire towns (county seats) of the county, the other being Manchester (town), Vermont, Manchester. As of the 2020 United States Census, US Cens ...
's
Catamount Tavern The Catamount Tavern was a tavern in 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 the tavern's 102 years o ...
and one of the founders of
Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...
, relocated the family to Bennington in 1766. David Fay served in the Vermont Militia as a fifer during the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
, 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 the John Green farm in Walloomsac, New York, about from its namesake, Bennington, Vermont. An American ...
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 The secretary of state of Vermont is one of five cabinet-level constitutional officers in the U.S. state of Vermont which are elected every two years. The secretary of state is fourth (behind the lieutenant governor, speaker of the House of Repr ...
. 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 court ...
.


Career

Fay was a farmer and
surveyor Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. These points are usually on the ...
. He later studied law, and attained admission to the bar in 1794. A
Democratic-Republican The Democratic-Republican Party (also referred to by historians as the Republican Party or the Jeffersonian Republican Party), was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed l ...
, he served as Bennington County
State's attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
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 court ...
, 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 Major most commonly refers to: * Major (rank), a military rank * Academic major, an academic discipline to which an undergraduate student formally commits * People named Major, including given names, surnames, nicknames * Major and minor in musi ...
in the early 1790s and was a
colonel Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), 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 colon ...
by the late 1790s. In 1795 he was appointed Adjutant General of the Vermont Militia with the rank of major general. He held this position until 1822. During the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
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 Justices of the Vermont Supreme Court United States attorneys for the District of Vermont People from Hardwick, Massachusetts Farmers from Vermont American surveyors 19th-century American lawyers Military personnel from Massachusetts