John M. Clayton

John Middleton Clayton (July 24, 1796 - November 9, 1856) was an American lawyer and politician from Dover in Kent County, and later New Castle County, Delaware. He was a member of the Whig Party, who served in the Delaware General Assembly, and as U.S. Senator from Delaware and U.S. Secretary of State.

Early life and family

Clayton was born July 24, 1796, in Dagsboro, Delaware, son of James and Sarah Middleton Clayton. His uncle, Dr. Joshua Clayton, was a former Governor of Delaware and his cousin, Thomas Clayton, was a prominent lawyer, U.S. Senator and jurist. John M. Clayton studied at Berlin, Maryland and Milford, Delaware when his parents moved there. He graduated from Yale University in 1815, studied law at the Litchfield Law School, and in 1819 began the practice of law in Dover, Delaware.

About this time his father died, and he became the sole supporter of his immediate family, weekly walking the distance from Dover to Milford to see to their needs. He married Sally Ann Fisher in 1822. She was the granddaughter of former Governor George Truitt. They had two sons, James and Charles, but she died two weeks after the birth of Charles. Clayton never remarried and raised the two boys himself. From 1844 Clayton cultivated a tract of land near New Castle, called Buena Vista. Here, in a few years, he built a mansion and made one of the most fruitful estates in that region, gaining a reputation as an agriculturalist. Both of his sons died while in their 20s, shortly before the death of their father.

Delaware politics

Following the War of 1812, Delaware was unique in continuing to have a viable Federalist Party. Never tainted by the secessionist activities of the New England Federalists, and adaptive enough to institute modern electioneering practices, they held the loyalty of the majority Anglican/Methodist downstate population against the seemingly more radical Presbyterians and Irish immigrants in New Castle County. They remained the dominant political force in the state well into the 1820’s, when the party finally disappeared, split between an allegiance to Andrew Jackson or to John Quincy Adams and the “American system” of Henry Clay and the Whigs. New Castle County manufacturers joined most of the old Federalist Party leadership in making the Whigs the new majority in the state. This included the various members of the Clayton family, especially Thomas Clayton and John M. Clayton, who was just then entering the political arena.

Clayton was elected to the State House for the 1824 session, and was appointed the Delaware Secretary of State from December 1826 to October 1828. Conservative in background and outlook, Clayton quickly became a leader of the Adams faction which later developed into the Delaware Whig Party. This party inherited the former political dominance of the Federalists in Delaware, but was nearly always in the minority in Congress, and only was able to elect two Presidents, both of whom died in office.

Constitution of 1831

During this time he was also the driving force in the convention that produced the Delaware Constitution of 1831.

United States Senator

In 1829 Clayton was elected to the United States Senate as its youngest member. Six years later he declined re-election, but the General Assembly elected him anyway, only to have him resign. He served from March 4, 1829 until December 29, 1836. Here his great oratorical gifts gave him a high place as one of the ablest and most eloquent opponents of the Jackson administration. He early distinguished himself in the Senate by a speech during the debate on the Foote resolution, which, though merely relating to the survey of the public lands, introduced into the discussion the whole question of nullification. His argument in favor of paying the claims for French spoliations was also a fine instance of senatorial oratory. Clayton favored the extension of the charter for the Second Bank of the United States and his investigation of the Post Office Department led to its reorganization. At various times he served on the Military Affairs, Militia, District of Columbia and Post Office Committees, but his most important position was the Chairmanship of the Judiciary Committee in the 23rd and 24th Congress.

Government offices
preceded by	title	succeeded by
William Wilkins	Judiciary Committee (Chairman) March 4, 1833 - December 29, 1836	Felix Grundy

After returning to Delaware from his first term in the United States Senate, Clayton was appointed Chief Justice of the Delaware Superior Court, replacing his cousin Thomas Clayton, who had been elected to the vacant U.S. Senate seat. He served in this position from January 16, 1837 until September 19, 1839, when he resigned to support the presidential candidacy of William Henry Harrison.

Clayton was once again elected to the United States Senate in 1845, where he opposed the annexation of Texas and the Mexican-American War, but advocated the active prosecution of the latter once it was begun. His tenure was only from March 4, 1845 until February 23, 1849, as he resigned to become U.S. Secretary of State.

U.S. Secretary of State

The Zachary Taylor Administration, 1849 Daguerreotype by Brady

On March 8, 1849 Clayton became U.S. Secretary of State in the Whig administration of U.S. President Zachary Taylor. His most notable accomplishment was the negotiation of the Clayton-Bulwer Treaty of 1850 with the British minister, Sir Henry Bulwer-Lytton. This treaty guaranteed the neutrality and encouragement of lines of travel across the isthmus at Panama, and laid the groundwork for America's eventual building of the Panama Canal. His tenure was brief, however, ending on July 22, 1850, soon after President Taylor’s death.

As secretary of state, Clayton was intensely nationalistic and an ardent advocate of commercial expansion. But his strict interpretation of international law created unnecessary crises with Spain, Portugal, and France. His interest in commercial expansion was clear in his advocacy of increased trade with the Orient - later implemented by the mission of Matthew Perry to Japan - and his negotiation of the Clayton-Bulwer Treaty in 1850. This treaty won British recognition of an equal American interest in the Central American canal area, and it remained in effect until 1901, when the United States acquired full dominance there.

Clayton was again elected to the United States Senate one last time in 1853 and served from March 4, 1853 until his death on November 9, 1856. There he opposed the Kansas-Nebraska Act and watched the dissolution of his Whig Party. One of his most noted speeches delivered in the Senate was that made in 1855 against the message of U.S. President Franklin Pierce, vetoing the act ceding public lands for an insane asylum.

Death and legacy

After the death of his second son, Clayton moved his residence back to Dover, Delaware, where he died November 9, 1856. He is buried there in the old Presbyterian Cemetery.

His contemporaries considered Clayton one of the most skilled debaters and orators in the Senate. He was always accessible, and was noted for his genial disposition and brilliant conversational powers. Clayton Hall at the University of Delaware is named in his honor, as is the town of Clayton, Delaware, Clayton, New York on the St. Lawrence River, and Clayton County, Iowa. In 1934 the state of Delaware donated a statue of Clayton to the National Statuary Hall Collection.

Almanac

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

Public Offices
Office	Type	Location	Elected	Took Office	Left Office	notes
State Representative	Legislature	Dover	1823	January 4, 1824	January 3, 1825
Secretary of State	Executive	Dover		December, 1826	October, 1828
U.S. Senator	Legislature	Washington		March 4, 1829	December 29, 1836
Superior Court	Judiciary	Dover		January 16, 1837	September 19, 1839	Chief Justice
U.S. Senator	Legislature	Washington		March 4, 1845	February 23, 1849
U.S. Secretary of State	Executive	Washington		March 8, 1849	July 22, 1850
U.S. Senator	Legislature	Washington		March 4, 1853	November 9, 1856

Delaware General Assembly service
Dates	Congress	Chamber	Majority	Governor	Committees	Class/District
1824	48th	State Senate	Federalist	Samuel Paynter		Kent at-large

United States Congressional service
Dates	Congress	Chamber	Majority	President	Committees	Class/District
1829-1831	21st	Senate	Democratic	Andrew Jackson	Militia	class 2
1831-1833	22nd	Senate	Democratic	Andrew Jackson	Militia	class 2
1833-1835	23rd	Senate	National Republican	Andrew Jackson	Judiciary, Militia	class 2
1835-1837	24th	Senate	Democratic	Andrew Jackson	Judiciary	class 2
1845-1847	29th	Senate	Democratic	James K. Polk		class 1
1847-1849	30th	Senate	Democratic	James K. Polk		class 1
1853-1855	33rd	Senate	Democratic	Franklin Pierce		class 2
1855-1857	34th	Senate	Democratic	Franklin Pierce		class 2

References

• Comegys, Joseph P. (1882). Memoirs of John M. Clayton. Wilmington, Delaware: Historical Society of Delaware. 
• Conrad, Henry C. (1908). History of the State of Delaware, 3 vols.. Lancaster, Pennsylvania: Wickersham Company. 
• Martin, Roger A. (2003). Delawareans in Congress. Middletown, DE: Roger A. Martin. ISBN 0-924117-26-5. 
• Martin, Roger A. (1995). Memoirs of the Senate. Newark, DE: Roger A. Martin. 
• Scharf, John Thomas (1888). History of Delaware 1609-1888. 2 vols. Philadelphia: L. J. Richards & Co. 
• Wire, Richard (1971). John M. Clayton and the Search for Order: A Study in Whig Politics and Diplomacy.. University of Maryland: L. J. Richards & Co. 

Images

• Architect of the Capitol

Places with more information

• Delaware Historical Society website; 505 North Market Street, Wilmington, Delaware 19801; (302) 655-7161
• University of Delaware Library website, 181 South College Avenue, Newark, Delaware 19717; (302) 831-2965