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((short description|American politician))
((other people))
((more citations needed|date=March 2013))
((Infobox officeholder
|name         = Thomas Clayton
|image        = Thomas_Clayton_US.jpg
|office1      = [[United States Senate|United States Senator]]<br>from [[Delaware]]
|term_start1  = January 9, 1837 
|term_end1    = March 3, 1847
|predecessor1 = [[John M. Clayton]]
|successor1   = [[Presley Spruance]]
|office2      = 
|term_start2  = January 8, 1824
|term_end2    = March 3, 1827 
|predecessor2 = [[Caesar A. Rodney]]<ref>This seat was vacant from January 29, 1823 until January 8, 1824.</ref>
|successor2   = [[Louis McLane]]
|office3      = [[Delaware Superior Court|Chief Justice of Delaware]]
|term_start3  = January 18, 1832
|term_end3    = January 9, 1837
|predecessor3 = Samuel M. Harrington
|successor3   = [[John M. Clayton]]
|state4       = [[Delaware]]
|district4    = [[Delaware's At-large congressional district|First At-large]]
|term_start4  = March 4, 1815
|term_end4    = March 3, 1817
|predecessor4 = [[Henry M. Ridgely]]
|successor4   = [[Louis McLane]]
|office5      = 5th [[Attorney General of Delaware]]
|term_start5  = 1810
|term_end5    = 1815
|governor5    = [[George Truitt]]<br>[[Joseph Haslet]]
|preceded5    = [[Edward W. Gilpin]]
|succeeded5   = [[George P. Fisher]]
|office6      = Member of the [[Delaware Senate]]
|term6        = January 3, 1821 – January 6, 1824
|office7      = Member of the [[Delaware House of Representatives]]
|term7        = January 4, 1803 – January 19, 1808<br />January 1, 1811 – January 3, 1815
|birth_date   = July 1777
|birth_place  = [[Cecil County, Maryland|Cecil County]], [[Maryland]]
|death_date   = ((death date and age|1854|8|21|1777|7|))
|death_place  = [[New Castle, Delaware|New Castle]], [[Delaware]]
|spouse       = Jennette Macomb
|children     =
|father       = [[Joshua Clayton]]
|party        = [[Federalist Party (United States)|Federalist]]<br>[[National Republican Party|National Republican]]<br>[[Whig Party (United States)|Whig]]
|residence    = [[Dover, Delaware|Dover]], [[Delaware]]
|alma_mater   = [[University of Delaware|Newark Academy]]
|profession   = ((hlist|Lawyer|politician))
))
'''Thomas Clayton''' (July 1777 – August 21, 1854) was an American lawyer and politician from Dover in [[Kent County, Delaware]]. He was a member of the [[Federalist Party (United States)|Federalist Party]] and later the [[National Republican Party]] and the Whig Party. He served in the Delaware General Assembly, as [[Attorney General of Delaware]], as [[Secretary of State of Delaware]], as Chief Justice of the Delaware Supreme Court, as U.S. Representative from Delaware, and as U.S. Senator from Delaware. In 1846 he was one of two members of the [[United States Senate]] to vote against declaring war on Mexico.

==Early life and family==
((see also |Clayton family))
Clayton was born 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, Delaware, Rachael McCleary was the niece and adopted daughter of [[Richard Bassett (Delaware politician)|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]], 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 [[Old First Presbyterian Church (Newark, Delaware)|Presbyterian Church]]. He was the cousin of U.S. Senator John M. Clayton.

==Professional and 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 Delaware Attorney General 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. Clayton thus became one of the last men affiliated with the Federalist Party to be elected to the United Stars Senate. This was the time when the [[First 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 the [[National Republican Party|National Republicans]] 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.

==Death and legacy==
Clayton died of pneumonia at his retirement home at New Castle and is buried in the [[Old Presbyterian Cemetery]], which is at Dover, on the grounds of the [[Delaware State Museum]].

"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."<ref>((cite book|author=Wilson, W. Emerson|year=1969|title=Forgotten Heroes of Delaware|publisher=Deltos Publishing Company|location=Cambridge, MA))</ref>

[[John Thomas Scharf|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."<ref>((cite book|title=History of Delaware 1609–1888. 2 vols.|author=Scharf, John Thomas))
</ref>

==Almanac==
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 took office March 4 and have a two-year term.

The General Assembly chose the U.S. Senators, who also took office March 4, but for a six-year term. In this case, he was initially completing the existing term, the vacancy caused by the resignation of Caesar A. Rodney. However, the General Assembly failed to fill the position for nearly a year.

<br/>
{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
|-bgcolor=#cccccc
!colspan=7 style="background: #ccccff;" |Public offices
|-
! '''Office'''
! '''Type'''
! '''Location'''
! '''Began office'''
! '''Ended office'''
! '''notes''' 
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 4, 1803
|January 3, 1804
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 3, 1804
|January 1, 1805
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 1, 1805
|January 7, 1806
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 7, 1806
|January 6, 1807
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 6, 1807
|January 5, 1808
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware Senate|State Senator]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 5, 1808
|January 19, 1808
|resigned
|-((Party shading/Anti-Jacksonian))
|[[Secretary of State (U.S. state government)|Secretary of State]]  
|[[Executive (government)|Executive]]  
|[[Dover, Delaware|Dover]]
|January 19, 1808
|January 16, 1810
|[[Delaware]]
|-((Party shading/Anti-Jacksonian))
|[[Delaware Attorney General|Attorney General]]  
|[[Executive (government)|Executive]]  
|[[Dover, Delaware|Dover]]
|January 16, 1810
|January 17, 1815
|[[Delaware]]
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 1, 1811
|January 7, 1812
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 5, 1813
|January 4, 1814
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware House of Representatives|State Representative]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 4, 1814
|January 3, 1815
|
|-((Party shading/Anti-Masonic))
|[[United States House of Representatives|U.S. Representative]]  
|[[Legislature]]  
|[[Washington, D.C.|Washington]]
|March 4, 1815
|March 3, 1817
|
|-((Party shading/Anti-Jacksonian))
|[[Delaware Senate|State Senator]]  
|[[Legislature]]  
|[[Dover, Delaware|Dover]]
|January 3, 1821
|January 6, 1824
|
|-((Party shading/Anti-Masonic))
|[[United States Senate|U.S. Senator]]  
|[[Legislature]]  
|[[Washington, D.C.|Washington]]
|January 8, 1824
|March 3, 1827
|<ref>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.</ref>
|-((Party shading/Anti-Jacksonian))
|[[Chief Justice]]
|[[Judiciary]]  
|[[Dover, Delaware|Dover]]
|February 8, 1828
|January 18, 1832
|[[Delaware Court of Common Pleas|Court of Common Pleas]]
|-((Party shading/Anti-Jacksonian))
|[[Chief Justice]] 
|[[Judiciary]]  
|[[Dover, Delaware|Dover]]
|January 18, 1832
|January 9, 1837
|[[Delaware Superior Court|Superior Court]] 
|-((Party shading/Anti-Masonic))
|[[United States Senate|U.S. Senator]]  
|[[Legislature]]  
|[[Washington, D.C.|Washington]]
|January 9, 1837
|March 3, 1841
|<ref>He was elected to fill the vacancy caused by the resignation of John M. Clayton.</ref>
|-((Party shading/Anti-Masonic))
|[[United States Senate|U.S. Senator]]  
|[[Legislature]]  
|[[Washington, D.C.|Washington]]
|March 4, 1841
|March 3, 1847
|
|}

{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
|-bgcolor=#cccccc
!colspan=7 style="background: #ccccff;" |'''Delaware General Assembly service''' <ref>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.</ref>
|-
! '''Dates'''
! '''Congress'''
! '''Chamber'''
! '''Majority'''
! '''Governor'''
! '''Committees'''
! '''Class/District'''
|-((Party shading/Federalist))
|1803
|[[Delaware General Assembly|27th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[David Hall (Delaware governor)|David Hall]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1804
|[[Delaware General Assembly|28th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[David Hall (Delaware governor)|David Hall]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1805
|[[Delaware General Assembly|29th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[Nathaniel Mitchell]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1806
|[[Delaware General Assembly|30th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[Nathaniel Mitchell]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1807
|[[Delaware General Assembly|31st]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[Nathaniel Mitchell]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1808
|[[Delaware General Assembly|32nd]]
|[[Delaware Senate|State Senate]]
|[[Federalist Party (United States)|Federalist]]
|[[George Truitt]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1811
|[[Delaware General Assembly|35th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[Joseph Haslet]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1813
|[[Delaware General Assembly|37th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[Joseph Haslet]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1814
|[[Delaware General Assembly|38th]]
|[[Delaware House of Representatives|State House]]
|[[Federalist Party (United States)|Federalist]]
|[[Daniel Rodney]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1821
|[[Delaware General Assembly|45th]]
|[[Delaware Senate|State Senate]]
|[[Federalist Party (United States)|Federalist]]
|[[John Collins (governor)|John Collins]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Federalist))
|1822
|[[Delaware General Assembly|46th]]
|[[Delaware Senate|State Senate]]
|[[Federalist Party (United States)|Federalist]]
|[[John Collins (governor)|John Collins]]<br>[[Caleb Rodney]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|-((Party shading/Democratic-Republican))
|1823
|[[Delaware General Assembly|47th]]
|[[Delaware Senate|State Senate]]
|[[Democratic-Republican Party (United States)|Republican]]
|[[Joseph Haslet]]<br>[[Charles Thomas (Delaware governor)|Charles Thomas]]
|
|[[Kent County, Delaware|''Kent at-large'']]
|}

{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
|-bgcolor=#cccccc
!colspan=7 style="background: #ccccff;" |United States Congressional service
|-
! '''Dates'''
! '''Congress'''
! '''Chamber'''
! '''Majority'''
! '''President'''
! '''Committees'''
! '''Class/District'''
|-((Party shading/Democratic-Republican))
|1815–1817
|[[14th United States Congress|14th]]
|[[United States House of Representatives|U.S. House]]
|[[Democratic-Republican Party (United States)|Republican]]
|[[James Madison]]
|
|[[Delaware's At-large congressional district|''1st at-large'']]
|-((Party shading/Democratic-Republican))
|1823–1825
|[[18th United States Congress|18th]]
|[[United States Senate|U.S. Senate]]
|[[Democratic-Republican Party (United States)|Republican]]
|[[James Monroe]]
|
|[[Classes of United States Senators|''class 1'']] 
|-((Party shading/National Republican))
|1825–1827
|[[19th United States Congress|19th]]
|[[United States Senate|U.S. Senate]]
|[[National Republican Party (United States)|National Republican]]
|[[John Quincy Adams]]
|
|[[Classes of United States Senators|''class 1'']] 
|-((Party shading/Democratic))
|1835–1837
|[[24th United States Congress|24th]]
|[[United States Senate|U.S. Senate]]
|[[Democratic Party (United States)|Democratic]]
|[[Andrew Jackson]]
|
 |[[Classes of United States Senators|''class 2'']] 
|-((Party shading/Democratic))
|1837–1839
|[[25th United States Congress|25th]]
|[[United States Senate|U.S. Senate]]
|[[Democratic Party (United States)|Democratic]]
|[[Martin Van Buren]]
|
|[[Classes of United States Senators|''class 2'']] 
|-((Party shading/Democratic))
|1839–1841
|[[26th United States Congress|26th]]
|[[United States Senate|U.S. Senate]]
|[[Democratic Party (United States)|Democratic]]
|[[Martin Van Buren]]
|
|[[Classes of United States Senators|''class 2'']] 
|-((Party shading/Whig))
|1841–1843
|[[27th United States Congress|27th]]
|[[United States Senate|U.S. Senate]]
|[[Whig Party (United States)|Whig]]
|[[William Henry Harrison]]<br>[[John Tyler]]
|Printing
|[[Classes of United States Senators|''class 2'']] 
|-((Party shading/Whig))
|1843–1845
|[[28th United States Congress|28th]]
|[[United States Senate|U.S. Senate]]
|[[Whig Party (United States)|Whig]]
|[[John Tyler]]
|
|[[Classes of United States Senators|''class 2'']] 
|-((Party shading/Democratic))
|1845–1847
|[[29th United States Congress|29th]]
|[[United States Senate|U.S. Senate]]
|[[Democratic Party (United States)|Democratic]]
|[[James K. Polk]]
|Revolutionary Claims
|[[Classes of United States Senators|''class 2'']] 
|}

{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
|-bgcolor=#cccccc
!colspan=12 style="background: #ccccff;" |Election results
|-
!'''Year'''
!'''Office'''
!
!'''Subject'''
!'''Party'''
!'''Votes'''
!'''%'''
!
!'''Opponent'''
!'''Party'''
!'''Votes'''
!'''%'''
|-
|[[United States House of Representatives elections, 1814 and 1815|1814]]
|[[U.S. House of Representatives|U.S. Representative]]
|
|((Party shading/Federalist)) |Thomas Clayton<br>[[Thomas Cooper (American politician, born 1764)|Thomas Cooper]]
|((Party shading/Federalist)) |[[Federalist Party (United States)|Federalist]]
|((Party shading/Federalist)) |3,964<br>3,960
|((Party shading/Federalist)) |30%<br>30%
|
|((Party shading/Democratic-Republican)) |[[Willard Hall]]<br>[[George Read, Jr.]]
|((Party shading/Democratic-Republican)) |[[Democratic-Republican Party (United States)|Republican]]
|((Party shading/Democratic-Republican)) |2,547<br>2,545
|((Party shading/Democratic-Republican)) |20%<br>20%
|-
|[[United States House of Representatives elections, 1818 and 1819|1818]]
|[[U.S. House of Representatives|U.S. Representative]]
|
|((Party shading/Federalist)) |Thomas Clayton<br>[[Louis McLane]]
|((Party shading/Federalist)) |[[Federalist Party (United States)|Federalist]]
|((Party shading/Federalist)) |2,902<br>3,098
|((Party shading/Federalist)) |25%<br>26%
|
|((Party shading/Democratic-Republican)) |[[Willard Hall]]<br>[[George Read, Jr.]]
|((Party shading/Democratic-Republican)) |[[Democratic-Republican Party (United States)|Republican]]
|((Party shading/Democratic-Republican)) |3,007<br>2,818
|((Party shading/Democratic-Republican)) |25%<br>24%
|}

==Notes==
<references />

==References==
*((cite book |title = History of the State of Delaware, 3 vols. |last = Conrad |first = Henry C. |publisher = Wickersham Company |location = Lancaster, Pennsylvania |year = 1908 ))
*((cite book |title = Delawareans in Congress |last = Martin |first = Roger A. |year = 2003 |publisher = Roger A. Martin |location = Middletown, DE |isbn = 0-924117-26-5))
*((cite book |title = Memoirs of the Senate |last = Martin |first = Roger A. |year = 1995 |publisher = Roger A. Martin |location = Newark, DE ))
*((cite book |title = Federalist Delaware 1775-1815 |last = Munroe |first = John A. |year = 1954 |publisher = Rutgers University |location = New Brunswick, New Jersey ))
*((cite book |title = History of Delaware 1609–1888. 2 vols |last = Scharf |first = John Thomas |publisher = L. J. Richards & Co |location = Philadelphia |year = 1888 ))
*((cite book |title = Forgotten Heroes of Delaware |last = Wilson |first = W. Emerson |year = 1969 |publisher = Deltos Publishing Company |location = Cambridge, MA ))

==External links==
*[http://bioguide.congress.gov/scripts/biodisplay.pl?index=C000499 Biographical Directory of the United States Congress]
*[http://www.russpickett.com/history/sentbio.htm#clayton1 Delaware’s Members of Congress]
*((Find a Grave|7504148))
*[http://politicalgraveyard.com/bio/clayton.html#R9M0ISSDP The Political Graveyard]

((s-start))
((s-legal))
((succession box | title=[[Attorney General of Delaware]] | before=[[Outerbridge Horsey]] | after=[[James Rogers (attorney)|James Rogers]]
| years= 1810–1815 ))
((s-par|us-hs))
((US House succession box
| state = Delaware
| district = AL
| before = [[Henry M. Ridgely]]
| years = 1815–1817
| after = [[Louis McLane]]
))
((s-par|us-sen))
((U.S. Senator box
|state=Delaware
|before=[[Caesar A. Rodney]]
|years=1824–1827
|after=[[Louis McLane]]))
((U.S. Senator box
|state=Delaware
|before=[[John M. Clayton]]
|years=1837–1847
|after=[[Presley Spruance]]))
((s-end))

((USSenDE))
((USRepDE))
((Government of Delaware))

((Authority control))

((DEFAULTSORT:Clayton, Thomas))
[[Category:1777 births]]
[[Category:1854 deaths]]
[[Category:People from Cecil County, Maryland]]
[[Category:Presbyterians from Maryland]]
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