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{{short description|American politician}}
{{other people}}
{{more citations needed|date=March 2013}}
{{Infobox Officeholderofficeholder
|name predecessor1 = [[John M.Thomas Clayton]]
| honorific-prefix =
| name image = Thomas ClaytonThomas_Clayton_US.jpg
| office1 = [[United States Senate|United States Senator]]<br/>from [[Delaware]]
| honorific-suffix =
| term_end3 term_start1 = January 9, 1837
| image = Thomas_Clayton_US.jpg
| term_start4 term_end1 = March 43, 18151847
| imagesize =
|predecessor1 = [[John M. Clayton]]
| smallimage =
| successor1 = [[Presley Spruance]]
| office1 = [[United States Senate|United States Senator]]<br/>from [[Delaware]]
| term_start1 office2 = January 9, 1837
| term_end1 term_start2 = MarchJanuary 48, 18471824
| term_end2 = March 43, 1827
| predecessor1 = [[John M. Clayton]]
| predecessor2 = [[Caesar A.Augustus Rodney]] <ref>thisThe seat was vacant from January 29, 1823, until January 8, 1824.</ref>
| successor1 = [[Presley Spruance]]
| successor2 = [[Louis McLane]]
| office2 =
| office3 = [[Delaware Superior Court|Chief Justice of Delaware]]
| term_start2 = January 8, 1824
|term_start3 = January 18, 1832
| term_end2 = March 4, 1827
| term_start2 term_end3 = January 89, 18241837
| predecessor2 = [[Caesar A. Rodney]] <ref>this seat was vacant from January 29, 1823 until January 8, 1824.</ref>
| predecessor3 = Samuel M. Harrington
| successor2 = [[Louis McLane]]
|successor3 = [[John M. Clayton]]
| office3 = [[Delaware Superior Court|Chief Justice of Delaware]]
| term_start3 state4 = January 18, 1832[[Delaware]]
| district4 = [[Delaware's Atat-large congressional district|Firstfirst Atat-large]]
| term_end3 = January 9, 1837
|term_start4 = March 4, 1815
| predecessor3 = Samuel M. Harrington
| successor3 term_end4 = [[JohnMarch M.3, Clayton]]1817
| predecessor4 = [[Henry M. Ridgely]]
| state4 = [[Delaware]]
| successor4 = [[Louis McLane]]
| district4 = [[Delaware's At-large congressional district|First At-large]]
|office5 = 5th [[Attorney General of Delaware]]
| term_start4 = March 4, 1815
| term_start5 = 1810
| term_end4 = March 4, 1817
|term_end5 = 1815
| predecessor4 = [[Henry M. Ridgely]]
| governor5 = [[George Truitt]]<br>[[Joseph Haslet]]
| successor4 = [[Louis McLane]]
| office5 preceded5 = 5th [[Attorney GeneralEdward ofW. DelawareGilpin]]
| succeeded5 = [[George P. Fisher]]
| term_start5 = 1810
|office6 term_end5 = Member of the [[Delaware = 1815Senate]]
| term6 = January 3, 1821 – January 6, 1824
| governor5 = [[George Truitt]]<br>[[Joseph Haslet]]
|office7 preceded5 = Member of =the [[EdwardDelaware House W.of GilpinRepresentatives]]
| term7 = January 4, 1803 – January 19, 1808<br />January 1, 1811 – January 3, 1815
| succeeded5 = [[George P. Fisher]]
|birth_date = July 1777
| office6 = Member of the [[Delaware Senate]]
| birth_place = [[Cecil County, Maryland|Cecil County]], [[Maryland]]
| term6 = January 3, 1821 – January 6, 1824
| death_date = {{death date and age|1854|8|21|1777|7|1}}
| office7 = Member of the [[Delaware House of Representatives]]
| death_place = [[New Castle, Delaware|New Castle]], [[Delaware]]
| term7 = January 4, 1803 – January 19, 1808<br>January 1, 1811 – January 3, 1815
| birth_date spouse = JulyJennette 1777Macomb
|children =
| birth_place = [[Cecil County, Maryland|Cecil County]], [[Maryland]]
|father = [[Joshua Clayton]]
| death_date = {{death date and age|1854|8|21|1777|7|1}}
| party = [[Federalist Party (United States)|Federalist]]<br>[[National Republican Party|National Republican]]<br>[[Whig Party (United States)|Whig]]
| death_place = [[New Castle, Delaware|New Castle]], [[Delaware]]
| state4 residence = [[Dover, Delaware]]
| spouse = Jennette Macomb
| alma_mater = [[University of Delaware|Newark Academy]]
| party = [[Federalist Party (United States)|Federalist]]<br>[[Whig Party (United States)|Whig]]
|profession = {{hlist|Lawyer|politician}}
| residence = [[Dover, Delaware|Dover]], [[Delaware]]
| alma_mater = [[University of Delaware|Newark Academy]]
| occupation =
| profession = lawyer
| religion = [[Presbyterian Church in the United States of America|Presbyterian]]
}}
'''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.Augustus 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 States Senate. This was the time when the old[[First partyParty systemSystem]] 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 thosethe [[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 |last author= Wilson |first =, W. Emerson |authorlink = |coauthors = |year = 1969 |title = Forgotten Heroes of Delaware |publisher = Deltos Publishing Company |location = Cambridge, MA |id =}}</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 1609-18881609–1888. 2 vols. |last author= Scharf |first =, John Thomas}}
</ref>
 
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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.Augustus Rodney. However, the General Assembly failed to fill the position for nearly a year.
 
<br/>
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! '''Began office'''
! '''Ended office'''
! '''notesNotes'''
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 4, 1803
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 3, 1804
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 1, 1805
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 7, 1806
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 6, 1807
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware Senate|State Senator]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 5, 1808
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|resigned
|-{{Party shading/Anti-Jacksonian}}
|[[Secretary of State (U.S. state government)|Secretary of State]]
|[[Executive (government)|Executive]]
|[[Dover, Delaware|Dover]]
|January 19, 1808
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|[[Delaware]]
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware Attorney General|Attorney General]]
|[[Executive (government)|Executive]]
|[[Dover, Delaware|Dover]]
|January 16, 1810
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|[[Delaware]]
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 1, 1811
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 5, 1813
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware House of Representatives|State Representative]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 4, 1814
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|
|-{{Party shading/Anti-Masonic}}
|[[United States House of Representatives|U.S. Representative]]
|[[Legislature]]
|[[Washington, D.C.|Washington]]
|March 4, 1815
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|
|-{{Party shading/Anti-Jacksonian}}
|[[Delaware Senate|State Senator]]
|[[Legislature]]
|[[Dover, Delaware|Dover]]
|January 3, 1821
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|
|-{{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.Augustus 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
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|[[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
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|<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
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|[[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'']]
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{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
|-bgcolor=#cccccc
!colspan=7 style="background: #ccccff;" |United States Congressionalcongressional service
|-
! '''Dates'''
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|[[James Madison]]
|
|[[Delaware's Atat-large congressional district|''1st at-large'']]
|-{{Party shading/Democratic-Republican}}
|1823–1825
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|[[James Monroe]]
|
|[[Classes of United States Senators|''class 1'']]
|-{{Party shading/National Republican}}
|1825–1827
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|[[John Quincy Adams]]
|
|[[Classes of United States Senators|''class 1'']]
|-{{Party shading/Democratic}}
|1835–1837
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|[[Andrew Jackson]]
|
|[[Classes of United States Senators|''class 2'']]
|-{{Party shading/Democratic}}
|1837–1839
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|[[Martin Van Buren]]
|
|[[Classes of United States Senators|''class 2'']]
|-{{Party shading/Democratic}}
|1839–1841
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|[[Martin Van Buren]]
|
|[[Classes of United States Senators|''class 2'']]
|-{{Party shading/Whig}}
|1841–1843
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|[[William Henry Harrison]]<br>[[John Tyler]]
|Printing
|[[Classes of United States Senators|''class 2'']]
|-{{Party shading/Whig}}
|1843–1845
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|[[John Tyler]]
|
|[[Classes of United States Senators|''class 2'']]
|-{{Party shading/Democratic}}
|1845–1847
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|[[James K. Polk]]
|Revolutionary Claims
|[[Classes of United States Senators|''class 2'']]
|}
 
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!'''%'''
|-
|[[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 (representativeAmerican 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]]
|
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|{{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
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==References==
*{{cite book |title = History of the State of Delaware, 3 vols. |last = Conrad |first = Henry C. |coauthors = |work = |publisher = Wickersham Company |location = Lancaster, Pennsylvania |year = 1908 |id =}}
*{{cite book |title = Delawareans in Congress |last = Martin |first = Roger A. |authorlink = |coauthors = |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. |authorlink = |coauthors = |year = 1995 |publisher = Roger A. Martin |location = Newark, DE |id =}}
*{{cite book |title = Federalist Delaware 1775-1815 |last = Munroe |first = John A. |authorlink = |coauthors = |year = 1954 |publisher = Rutgers University |location = New Brunswick, New Jersey |id =}}
*{{cite book |title = History of Delaware 1609-18881609–1888. 2 vols |last = Scharf |first = John Thomas |coauthors = |work = |publisher = L. J. Richards & Co |location = Philadelphia |year = 1888 |id =}}
*{{cite book |title = Forgotten Heroes of Delaware |last = Wilson |first = W. Emerson |authorlink = |coauthors = |year = 1969 |publisher = Deltos Publishing Company |location = Cambridge, MA |id =}}
 
==External links==
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{{s-legal}}
{{succession box | title=[[Attorney General of Delaware]] | before=[[Outerbridge Horsey]] | after=[[James Rogers (attorney)|James Rogers]]
| years= 1810&ndash;18151810–1815 }}
{{s-par|us-hs}}
{{US House succession box
{{USRepSuccessionBox
| state = Delaware
| district = AL
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}}
{{s-par|us-sen}}
{{U.S.US Senator succession box
|state=Delaware
|before=[[Caesar A.Augustus Rodney]]
|years=1824-18271824–1827
|after=[[Louis McLane]]}}
{{U.S. Senator box
|state=Delaware
|before=[[John M. Clayton]]
|years=1837-18471837–1847
|after=[[Presley Spruance]]}}
{{s-end}}
 
[[Category:{{United States Senatorssenators from Delaware]]}}
{{USSenDE}}
{{United States representatives from Delaware}}
{{USRepDE}}
{{Government of Delaware}}
 
{{Authority control}}
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[[Category:1777 births]]
[[Category:1854 deaths]]
[[Category:AmericanPeople Presbyteriansfrom Cecil County, Maryland]]
[[Category:PeoplePresbyterians from Dover, DelawareMaryland]]
[[Category:Federalist Party members of the United States House of Representatives from Delaware]]
[[Category:Delaware lawyers]]
[[Category:National Republican Party United States senators from Delaware]]
[[Category:Delaware Federalists]]
[[Category:DelawareWhig WhigsParty United States senators from Delaware]]
[[Category:19th-century American politicians]]
[[Category:Delaware Attorneys General]]
[[Category:Secretaries of State of Delaware]]
[[Category:Members of the Delaware House of Representatives]]
[[Category:Delaware state senators]]
[[Category:MembersChief of the United States HouseJustices of Representatives from Delaware]]
[[Category:United States Senators from Delaware]]
[[Category:Delaware Court of Common Pleas judges]]
[[Category:ChiefPeople Justicesfrom ofDover, Delaware]]
[[Category:DeathsDelaware from pneumonialawyers]]
[[Category:Infectious19th-century diseaseAmerican deaths in Delawarelawyers]]
[[Category:Burials in Dover, Delaware]]
[[Category:University of Delaware alumni]]
[[Category:WhigDeaths Partyfrom Unitedpneumonia Statesin SenatorsDelaware]]
[[Category:Federalist Party members of the United States House of Representatives]]