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

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

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

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. ^ Vermont, U.S., Vital Records, 1720-1908
Military offices
Preceded by
Vermont Adjutant General
Succeeded by
Daniel Kellogg
Legal offices
Preceded by
Charles Marsh
United States Attorney for the District of Vermont
Succeeded by
Cornelius P. Van Ness