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JUDGE WILLIAM H. H. CLAYTON
Vol. 3, p. 993-994

Judge William H. H. Clayton, of McAlester, Oklahoma, stands out as
one of the prominent figures in the history of his locality. Judge
Clayton was born on his father's farm near Delaware Bay, Delaware
County, Pennsylvania, October 13, 1840, and is a descendant of
William Clayton, who came to this country with the Penn colonists in
1664. The direct line of descent is as follows: William, Richard,
Powell, John and William H. H. The old house in which John Clayton
and his sons were born was built about the time of the first
settlement at Philadelphia. John Clayton married Miss Ann CLARK, a
daughter of Captain Clark, of the English army; and their sons grew
up to occupy honored and influential positions in life. John M.
Clayton, a twin brother of the judge, served in the Union Army, was a
member of both branches of the Arkansas Legislature, three times was
elected and served as sheriff of Jefferson County, Arkansas, and in
1880, died at the hand of an assassin at Plummerville that state.
Other brothers are Thomas J. Clayton, ex-judge of the Common Pleas
Court of Delaware County, Pennsylvania; and Gen. Powell Clayton, who
rose from the rank of captain to that of brigadier general in the
Union army and was governor of Arkansas from 1868 to 1872, and from
1872 to 1878 was a United States senator from Arkansas.

William H. H. Clayton was reared on his father's farm, and received
his early education at the Village Green Seminary. In 1864 he was a
teacher of military tactics in that institution. Previous to this
service, he had in 1862, raised a company in Delaware County,
Pennsylvania-Company H-which was assigned to the One Hundred and
Twenty-fourth Pennsylvania Infantry, under Colonel Hawley. With his
company, as second lieutenant, young Clayton marched to the scene of
action and fought for the Union cause, in the battles of South
Mountain, Antietam, Fredericksburg and Chancellorsville. After the
expiration of his service in the army Mr. Clayton went to Pine Bluff,
Arkansas, where he rented a plantation from the Government, and
raised a crop of cotton. He then joined his brother, Powell, in the
purchase of a large tract of land in that state, and was engaged in
cotton raising until the spring of 1868, when he sold his interest in
the property to his brother.

In 1868 Mr. Clayton received the appointment of the circuit
superintendent of public instruction for the Seventh Judicial
Circuit, comprising seven counties of Arkansas. This district at that
time did not have a single public school, and illiteracy and
prejudice against public education were universally prevalent. The
result of Mr. Clayton's work here was approximately forty schools to
the county, with an average of forty pupils to the school. In many
communities school buildings were erected, and in localities where
young men and women of twenty years of age were wholly illiterate and
not one in forty of the children could read and write, Mr. Clayton
created a friendly sentiment for public education.

When yet on the farm, in 1867, Mr. Clayton began his preparation for
the law by a course of reading. The next year he joined the class of
Judge STEVENSON, at Huntsville, and in 1871, was admitted to the bar
before that official. March 23, 1871, Mr. Clayton was appointed
prosecuting attorney for the First Judicial Circuit of Arkansas.
April 23rd, two years later, he was appointed by Governor BAXTER, to
the position of judge of the First Judicial Circuit, which he filled
till July, 1874. The following August, President Grant appointed him
United States district attorney, for the western district of
Arkansas, comprising one-third of the state and all of Indian
Territory which at that time included all of the territory comprising
what now is Oklahoma. He was re-appointed by President Hayes, January
20, 1879, was continued by President Arthur in 1883, and in 1889 his
appointment to the same place was renewed by President Harrison.
During President Cleveland's two administrations, Judge Clayton was
engaged in the practice of law at Fort Smith. At the hands of
President McKinley, Judge Clayton received the appointment of judge
of the Federal Court for the Central District of the Indian
Territory; in December, 1901, he was reappointed by President
Roosevelt, and in 1905, again appointed to succeed himself. During
the period of his judgeship he was a member of the United States
Court of Appeals of the Indian Territory, and was, for a time its
chief justice.

In the spring of 1907, President Roosevelt appointed Judge Clayton a
member of the districting and canvassing board, with Hon. Tams BIXBY
chairman of the Commission to the Five Civilized Tribes, and Judge
Joseph A. GILL, which board arranged the constitutional delegate
districts and conducted the election of delegates to the
constitutional convention of Oklahoma. By virtue of his being the
senior judge of the United State Court of Appeals, Judge Clayton with
Governor FRANTZ, certified the result of the delegate election, and
delivered the constitution to President Roosevelt for his action.
Upon the advent of statehood the old federal judgeship of the Indian
Territory expired, and Judge Clayton resumed the practice of law in
McAlester, where he has maintained his residence since 1897.

His administration of the office of district attorney is noted for
its terror to evil doers. During the sixteen years of his incumbency
of that office, his convictions for murder ran into the hundreds.
Judge PARKER with whom Judge Clayton served, said of the latter: "He
is a close, shrewd and prudent examiner of witnesses." From another
associate at the bar, we quote: "Judge Clayton has a most wonderful
method of presenting to a jury the strong points of his case. He is a
man of great energy and concentration of thought, active and pushing,
prompt and reliable."

October 15, 1869, Judge Clayton married, at Pine Bluff, Arkansas,
Miss Florence A. BARNES, daughter of William K. and Caroline (SKULL)
Barnes, the latter daughter of Hugh Skull. Mrs. Clayton was born, at
Arkansas Post, December 10, 1846, and died at McAlester, November 16,
1906. Her grandmother was a Miss BOGY, an aunt of the late United
States Senator BOGY of Missouri, of French origin. Judge and Mrs.
Clayton became the parents of the following named children: Mary I.,
born in 1870; Ann, born in 1872, is the wife of Charles C. PARKER, of
Durant, Oklahoma; Florence born in 1877, is the wife of H. S. KAISER,
of Buck, Oklahoma; William H. H. Jr. was born in 1879; Melanie born
in 1881, married J. E. LEBOSQUET, of McAlester; Adele, born in 1883,
is Mrs. S. G. BRINK, of McAlester; and Beatrice, born in 1891, is a
student in Visitation Convent, St. Louis, Missouri.

William H. H. Clayton, Jr., is a graduate of the high school at Fort
Smith, Arkansas, the Michigan Military Academy at Orchard Lake,
Michigan, and holds the degrees of A. B. and LL.B., from the
University of Michigan. He was admitted before the Untied States
Courts of Appeals to practice law in all the Federal course of the
Indian Territory. After practicing law three years in Muskogee, as a
partner of Erz BRAINERD, he joined his father, in December 1907, at
McAlester, and they have since conducted a law practice under the
firm name of Clayton and Clayton.

As intimated from his connection with office, Judge Clayton is a
republican, as also are his worthy and distinguished brothers. Gen.
Powell Clayton represented our country as ambassador to Mexico under
the Roosevelt administration, and is among the distinguished men of
his party. Judge Clayton has lived in the stronghold of democracy
ever since the war, but he has upheld his party's banner. In
Arkansas, Judge Clayton was prominently identified with the Masonic
Order. He is a thirty second degree Mason, is a past grand master of
the grand lodge of Arkansas and a past grand commander of the Knights
Templar of the same state. Also the judge is identified with the B.
P. O. E. He is the first exalted ruler of the lodge at McAlester.
Reared by Methodist parents he is in sympathy with Christian work.

Typed for OKGenWeb by: Earline Sparks Barger, December 18, 1998.