Thomas Clayton

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Thomas Clayton
Thomas Clayton

January 9, 1837 – March 3, 1847
Preceded by John M. Clayton
Succeeded by Presley Spruance

January 18, 1832 – January 9, 1837
Preceded by Samuel M. Harrington
Succeeded by John M. Clayton

January 8, 1824 – March 3, 1827
Preceded by Caesar A. Rodney
Succeeded by Louis McLane

March 4, 1815 – March 3, 1817
Preceded by Henry M. Ridgely
Succeeded by Louis McLane

Born July 1777
Cecil County, Maryland
Died August 21, 1854
New Castle, Delaware
Residence Dover, Delaware
Political party Federalist
Whig
Spouse Jennette Macomb
Profession lawyer
Religion Presbyterian

Thomas Clayton (July 1777August 21, 1854) was an American lawyer and politician from Dover in Kent County, Delaware. He was a member of the Federalist Party and later the Whig Party. He served in the Delaware General Assembly, and as Chief Justice of the Delaware Supreme Court, U. S. Representative from Delaware, and U.S. Senator from Delaware.

Contents

[edit] Early life and family

See also: Clayton family

Clayton was born July 1777 at Massey in Kent County, Maryland, son of the former Governor of Delaware, Dr. Joshua Clayton, and Rachael McCleary Clayton. It is said he was born while his mother was fleeing invading British troops on the way from their Elk River landing to the Battle of Brandywine. While the Clayton’s were natives of Kent County, Rachael McCleary was the niece and adopted daughter of Richard Bassett, the aristocratic heir to the expansive Bohemia Manor estates. The family lived at Bohemia Manor and through this connection, Joshua Clayton later acquired his homestead from these estates, in Pencader Hundred, New Castle County.

Thomas Clayton graduated from the Newark Academy, now the University of Delaware, in Newark, Delaware, studied law under Nicholas Ridgely in Dover, Delaware, and began a law practice there in 1799. His wife's name was Jennette Macomb, they had four children, and belonged to the Presbyterian Church. He was the cousin of U.S. Senator John M. Clayton.

[edit] Political career

While pursuing his practice of the law, Clayton began his public career as the clerk of the Delaware House of Representatives in 1800. He then served as a member of that body for 8 years, between the 1803 session and the 1814 session. He was elected to the Delaware Senate for the 1808 session, but resigned to become the Delaware Secretary of State, for 2 years. Subsequently, he was appointed the Attorney General of Delaware, and served in that office from 1810 until 1815.

In 1814 Clayton was elected as a Federalist to one of two at-large seats Delaware had in the U.S. House of Representatives, and served one term there, from March 4, 1815 until March 3, 1817. While he was in Congress, it was proposed that the compensation given U.S. Representatives be increased $6 a day to $1,500 a year. Clayton supported the change, but it became very controversial, and his support of it caused him to lose the nomination of the Federalist Party to Louis McLane, beginning a long rivalry between the two men.

Clayton narrowly failed in an attempt to return to the U.S. House of Representatives in the 1818 election, but was returned to the Delaware Senate again in 1821. Then, when Caesar A. Rodney resigned as U.S. Senator from Delaware, the General Assembly elected him to serve out the term, from January 8, 1824 to March 3, 1827. This was the time when the old party system of Federalists and Jeffersonian Republicans was giving way to the Jacksonian Democrats, and those opposed to Jackson. Clayton, his family, and much of the old Federalist following in Delaware, aligned themselves with John Quincy Adams, and those who would later become Whigs.

After his term in the U.S. Senate ended, Clayton was appointed Chief Justice of the Delaware Court of Common Pleas in 1828. This court ceased to exist with the new Delaware Constitution of 1831, and Clayton was appointed Chief Justice of the new Delaware Superior Court in 1832. In 1833, Chief Justice Clayton became one of the initial trustees of Newark College in Newark, Delaware, which would later become the University of Delaware.

In 1837, Clayton's cousin, U.S. Senator John M. Clayton, resigned his office. Thomas Clayton was once again elected to the U.S. Senate to finish the term. After it ended, he was reelected in 1841 and served from January 9, 1837 to March 3, 1847. During this second period of service in the Senate, Clayton was at various times the Chairman of the Committee on Printing and a member of the Committee of Revolutionary Claims.

[edit] Death and legacy

Clayton died August 21, 1854 at his retirement home in New Castle, Delaware and is buried in the Presbyterian Cemetery in Dover, Delaware.

"A handsome man with polished manners, he was a stickler for dignity, decorum and punctuality at court session, and once ordered himself fined $10 for being 10 minutes late in appearing in court." [1]

Thomas Scharf comments: “Chief Justice Clayton was profoundly versed in the principles of the law. He had a marvelous skill in perceiving the vital points of a case, largely due to his almost intuitive grasp of fundamental principles. He was prompt in deciding the merits of an issue and felicitous in the precision with which he formulated facts and conclusions. His words were few but masterly in force and point. Judge Clayton was eminently impartial in his judicial capacity. Neither distinction of the person nor relationships swayed his judgments. With respect to the lawyers at the bar, he made no difference in the administration of rules between the eminent John M. Clayton and his own son who was a practitioner at the same bar. He meted out to all the same even-handed justice, and required of all the same respectful regard for the law and for decorum.” [2]

[edit] Public service summary

Elections were held the first Tuesday of October. Members of the General Assembly took office on the first Tuesday of January. State Senators had a three year term and State Representatives had a one year term. The Secretary of State and Attorney General were appointed by the Governor and took office on the third Tuesday of January for a five year term. U.S. Representatives were popularly elected for a two year term, and the General Assembly chose the U.S. Senators, for a six year term. Both took office the following March 4th.

Public Offices
Office Type Location Elected Took Office Left Office notes
State Representative Legislature Dover 1802 January 4, 1803 January 3, 1804
State Representative Legislature Dover 1803 January 3, 1804 January 1, 1805
State Representative Legislature Dover 1804 January 1, 1805 January 7, 1806
State Representative Legislature Dover 1805 January 7, 1806 January 6, 1807
State Representative Legislature Dover 1806 January 6, 1807 January 5, 1808
State Senator Legislature Dover 1807 January 5, 1808 January 19, 1808 resigned
Secretary of State Executive Dover January 19, 1808 January 16, 1810
State Attorney General Executive Dover January 16, 1810 January 17, 1815
State Representative Legislature Dover 1810 January 1, 1811 January 7, 1812
State Representative Legislature Dover 1812 January 5, 1813 January 4, 1814
State Representative Legislature Dover 1813 January 4, 1814 January 3, 1815
U.S. Representative Legislature Washington 1814 March 4, 1815 March 3, 1817
State Senator Legislature Dover January 3, 1821 January 6, 1824
U.S. Senator Legislature Washington January 8, 1824 March 3, 1827 [3]
Court of Common Pleas Judiciary Dover February 8, 1828 January 18, 1832 Chief Justice
Superior Court Judiciary Dover January 18, 1832 January 9, 1837 Chief Justice
U.S. Senator Legislature Washington January 9, 1837 March 3, 1841 [4]
U.S. Senator Legislature Washington March 4, 1841 March 3, 1847


Delaware General Assembly service [5]
Dates Congress Chamber Majority Governor Committees Class/District
1803 27th State House Federalist David Hall Kent
1804 28th State House Federalist David Hall Kent
1805 29th State House Federalist Nathaniel Mitchell Kent
1806 30th State House Federalist Nathaniel Mitchell Kent
1807 31st State House Federalist Nathaniel Mitchell Kent
1808 32nd State Senate Federalist George Truitt Kent
1811 35th State House Federalist Joseph Haslet Kent
1813 37th State House Federalist Joseph Haslet Kent
1814 38th State House Federalist Daniel Rodney Kent
1821 45th State Senate Federalist John Collins Kent
1822 46th State Senate Federalist John Collins
Caleb Rodney
Kent
1823 47th State Senate Democratic-Republican Joseph Haslet
Charles Thomas
Kent


U.S. Congressional Service
Dates Congress Chamber Majority President Committees Class/District
1815-1817 14th House Republican James Madison 1st at-large
1823-1825 18th Senate Republican James Monroe class 1
1825-1827 19th Senate National Republican John Quincy Adams class 1
1835-1837 24th Senate Democratic Andrew Jackson class 2
1837-1839 25th Senate Democratic Martin Van Buren class 2
1839-1841 26th Senate Democratic Martin Van Buren class 2
1841-1843 27th Senate Whig William H. Harrison
John Tyler
Printing class 2
1843-1845 28th Senate Whig John Tyler class 2
1845-1847 29th Senate Democratic James K. Polk Revolutionary Claims class 2


Leadership positions
Preceded by
'
Printing Committee
(Chairman)

March 4, 1841March 3, 1843
Succeeded by
'


Election results
Year Office Subject Party Votes % Opponent Party Votes %
1814 U.S. House Thomas Clayton
Thomas Cooper
Federalist 3,964
3,960
30%
30%
Willard Hall
George Read, II
Democratic-Republican 2,547
2,545
20%
20%
1818 U.S. House Thomas Clayton
Louis McLane
Federalist 2,902
3,098
25%
26%
Willard Hall
George Read, II
Democratic-Republican 3,007
2,818
25%
24%

[edit] Notes

  1. ^ Wilson, W. Emerson (1969). Forgotten Heroes of Delaware. Cambridge, MA: Deltos Publishing Company. 
  2. ^ *Scharf, John Thomas. History of Delaware 1609-1888. 2 vols.. 
  3. ^ He was elected to fill the vacancy caused by the resignation of Caesar A. Rodney in the preceding Congress. There was a vacancy in this class from January 29, 1823 until January 8, 1824.
  4. ^ He was elected to fill the vacancy caused by the resignation of John M. Clayton.
  5. ^ Clayton was Attorney General of Delaware during the 1811, 1813 and 1814 General Assembly sessions, and while there was no prohibition to holding both offices, there were many Claytons in Kent County, and it seems a reasonable possibility that the person in the General Assembly may have been another relative with the same name.

[edit] References

  • Read, William T. (1853). Biographical Sketch of Caesar Augustus Rodney. Wilmington, DE: Dictionary of American Biography. 
  • Martin, Roger A. (2003). Delawareans in Congress. Middletown, DE: Roger A. Martin. ISBN 0-924117-26-5. 
  • Munroe, John A. (1954). Federalist Delaware 1775-1815. New Brunswick, New Jersey: Rutgers University. 
  • Wilson, W. Emerson (1969). Forgotten Heroes of Delaware. Cambridge, MA: Deltos Publishing Company. 
  • Scharf, John Thomas (1888). History of Delaware 1609-1888. 2 vols.. Philadelphia: L. J. Richards & Co.. 
  • Conrad, Henry C. (1908). History of the State of Delaware, 3 vols.. Lancaster, Pennsylvania: Wickersham Company. 
  • Martin, Roger A. (1995). Memoirs of the Senate. Newark, DE: Roger A. Martin. 

[edit] External links

  • Appleton’s Encyclopedia [1]
  • Biographical Directory of the U.S. Congress [2]
  • The Clayton Family of Middlewich [3]
  • Delaware’s Senators [4]
  • Delaware State Courts [5]
  • Find a Grave [6]
  • History of Delaware 1609-1888 [7]
  • The Political Graveyard [8]

[edit] Places with more information

  • Historical Society of Delaware [9] 505 Market St., Wilmington, Delaware (302) 655-7161
  • University of Delaware Library [10] 181 South College Ave., Newark, Delaware (302) 831-2965


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