Thomas Clayton was the son of Joshua Clayton. Although his father was in 1777 a resident of Delaware, Thomas was born at Massey, Maryland, United States, to which place his mother, Rachael (McCleary) Clayton, had been removed to avoid the excitement occasioned by the march of the British across Delaware.
Thomas was given a classical education at Newark Academy, and then three years’ legal instruction at Dover, Delaware, after which he was admitted to the bar.
Thomas Clayton practised the law for about eight years, building up a considerable reputation. The first recognition of his talents was an appointment to the secretaryship of state of Delaware under Governor Truitt. Three years later he was made attorney-general. In 1814 he entered the field of national politics as representative in Congress from Delaware, but he was defeated at the next election, having placed himself in the field as an Independent. An examination of the debates reveals not only his character but the probable reasons for his defeat. Clayton said that although “he would always regard the wishes of his constituents with the highest respect, when he had once made up his mind on any question of great national policy, no consideration would induce him to surrender his conscience to their keeping”.
In 1824, he was elected by a Federalist legislature to the United States Senate to fill the unexpired term of Caesar Rodney. In 1828 he was appointed chief justice of the court of common pleas. In 1832, after his office had been abolished by constitutional amendment, he was nominated chief justice of Delaware under exceptional circumstances. The constitution required that the supreme court be composed of three judges, one from each county in the state. With Clayton’s nomination, Kent County, his residence, had two representatives and the county of New Castle was unrepresented. It was therefore necessary to nominate a judge from New Castle in order to abide by the constitutional provision. This added a fourth and superfluous judge to the supreme court.
Many interesting stories are told of Clayton’s impartiality, sternness, and uprightness. His decisions bespeak a thorough knowledge of the law and a power of keen analysis in seizing upon the fundamental principles. In January 1837 he was chosen to fill the unexpired term of his cousin, Senator John M. Clayton. His senatorial service continued until 1847. The record of his remarks indicates that he was a moderate but independent Whig. Pennsylvania iron manufactures received his solicitous support, for he at one time introduced a resolution stating that a duty of twenty per cent was not high enough. When the Oregon question was discussed he declared for preparedness. The close of this term marked the close of his public life. He retired to his home in New Castle where he remained until his death.
Clayton was a member of the Federalist Party and later he acted with the Whig Party.
Clayton was married to Jeanette Macomb. They had four children.
