[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.
[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.
[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.
[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.