David Fay

From Wikipedia, the free encyclopedia
Jump to: navigation, search

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.

Early life[edit]

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]


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 1797 to 1801,[9] and was a member of the state Council of Censors from 1799 to 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[edit]

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[edit]

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


  1. ^ 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
  2. ^ Zadock Thompson, History Of Vermont, Part III, 1842, pages 17–18
  3. ^ James Davie Butler, George Frederick Houghton, editors, Addresses on the Battle of Bennington: And the Life and Services of Colonel Seth Warner, 1849, page 39
  4. ^ University of the State of New York Board of Regents, New York in the Revolution, 1887, page 536
  5. ^ Duffy, John J.; Hand, Samuel B.; Orth, Ralph H. (2003). The Vermont Encyclopedia. Lebanon, NH: University Press of New England. p. 122. ISBN 978-1-58465-086-7. 
  6. ^ Hemenway, Abby Maria (1867). The Vermont Historical Gazetteer. 1. Burlington, VT: A. M. Hemenway. 
  7. ^ Almer J. Elliot, The Berkshire, Vermont, Chaffees, and Their Descendants, 1801–1911, 1911, page 16
  8. ^ Vermont General Assembly, Records of the Council of Safety and Governor and Council of the State of Vermont, Volume 6, 1878, page 174
  9. ^ Alexander Hamilton, author, Harold C. Syrett, editor, The Papers of Alexander Hamilton, Volume 22, 1975, page 117
  10. ^ Lee Stephen Tillotson, Ancient Craft Masonry in Vermont, 1920, page 32
  11. ^ Leonard Deming, Catalogue of the Principal Officers of Vermont, 1851, page 112
  12. ^ Daniel Roberts, A Digest of All the Reported Decisions of the Supreme Court of the State of Vermont, Volume 1, 1907, page v
  13. ^ Jacob G. Ullery, Men of Vermont Illustrated, 1894, page 178
  14. ^ Vermont General Assembly, Journals of the General Assembly of the State of Vermont, 1820, page 32
  15. ^ Vermont General Assembly, Records of the Governor and Council of the State of Vermont, 1875, page 215
  16. ^ Vermont Historical Society, News and Notes: A Monthly Newsletter, Volumes 11–15, 1959, page 83
  17. ^ Vermont Adjutant General, Annual Report, 1966, page 4
  18. ^ Vermont General Assembly, Records of the Governor and Council of the State of Vermont, Volume 6, 1878, pages 466–467
  19. ^ Henry Swan Dana, History of Woodstock, Vermont, 1889, page 292
  20. ^ Abby Maria Hemenway, The Vermont Historical Gazetteer, Volume 1, 1867, page 174
  21. ^ David Fay at Find a Grave
Military offices
Preceded by
Vermont Adjutant General
Succeeded by
Daniel Kellogg