Augustin Smith Clayton

Augustin Smith Clayton (November 27, 1783 – June 21, 1839) was a jurist and politician from the American state of Georgia. He was born in Fredericksburg, Virginia, to Philip Clayton and in 1794 moved with his family to Richmond County, Georgia. As a youth he attended the Richmond Academy in Augusta, Georgia, and later enrolled at Franklin College in Athens, the institution that became the Franklin College of Arts and Sciences at the University of Georgia. He graduated in 1804 with the inaugural class of Franklin College, and during his student years he founded the Demosthenian Literary Society, which became one of the university’s most enduring debating societies.

After completing his formal education, Clayton studied law under Judge Thomas P. Carnes. He was admitted to the bar in 1806 and began practicing law in Carnesville, Georgia, a town named for his legal mentor. In 1807 he married Julia Carnes, the daughter of Thomas P. Carnes, and in 1808 the couple moved to Athens, Georgia, which would remain his principal home for the rest of his life. Clayton soon emerged as a leading figure in the local bar and in the civic life of Athens, while maintaining close ties to the University of Georgia.

Clayton’s public career began in state politics. In 1810 he was elected to represent Clarke County in the Georgia House of Representatives, where he served through 1812. That same year he became secretary for the board of trustees of the University of Georgia, reflecting his continuing involvement with his alma mater. He was appointed a trustee in 1816 and remained on the university’s board until his death in 1839, exerting long-term influence on the institution’s governance. From 1813 to 1815 he served as clerk of the Georgia House of Representatives, further consolidating his experience in legislative procedure and state government.

In addition to his legislative work, Clayton held important judicial responsibilities. He served as judge of the superior court of the western circuit of Georgia from 1819 to 1825, establishing a reputation as a prominent jurist. He returned to elective office as a member of the Georgia Senate in 1826 and 1827, and after this period in the state senate he again served as judge of the western circuit superior court from 1828 to 1831. In 1829 he was chosen as a presidential elector. That same year he upheld the state’s asserted right to bring the territory of the Cherokee Nation within the jurisdiction of Georgia, a position that contributed to the controversy leading to the United States Supreme Court case Cherokee Nation v. Georgia. His stance on issues involving Cherokee rights and state authority was contentious, and he was later removed from judicial office for opposing the state’s policy on the Cherokee Nation’s rights.

Clayton entered national politics as a member of the Jackson Party representing Georgia in the United States House of Representatives. In 1831 he won a special election to fill the remaining term of Representative Wilson Lumpkin, who had resigned, and he subsequently won reelection in the regular election of 1832. He was elected as a Jacksonian Democrat, defeating Judge William Schley with a majority of 1,046 votes. Augustin Smith Clayton contributed to the legislative process during two terms in Congress, serving from January 21, 1832, to March 3, 1835. His service in Congress occurred during a significant period in American history, and he participated in the democratic process while representing the interests of his Georgia constituents. During his tenure he was an opponent of protective tariffs and of the Bank of the United States, aligning himself with key elements of Jacksonian economic policy.

Alongside his legal and political career, Clayton pursued substantial business and civic interests. In 1827 he was involved in the construction of a cotton mill known as the Georgia Factory on the Ocoee River south of Athens, reflecting his engagement with the region’s developing textile industry. He also played an instrumental role in securing the charter for the Georgia Railroad in 1836, contributing to the early growth of rail transportation in the state. In 1837 he delivered an address in Athens supporting the American Colonization Society, advocating the colonization of free African Americans in Africa, while at the same time criticizing the abolitionist movement and opposing the cause of immediate abolition of slavery.

After his congressional service ended in 1835, Clayton returned to Athens and resumed the practice of law. He continued to be a prominent figure in local affairs and remained active in educational and religious circles. At the time of his death he was a member of the Methodist Episcopal Church. His family maintained a notable presence in Georgia public life. He and his wife Julia Carnes Clayton had seven children, including William Wirt Clayton (1812–1885), who became a judge, director of the Western and Atlantic Railroad, tax collector for Fulton County, Georgia, and an officer of the Georgia National Bank. His granddaughter Julia Carnes King later married Henry W. Grady, a distinguished University of Georgia alumnus and influential Southern journalist.

Clayton’s personal and intellectual connections extended into national political culture. He was a friend and congressional colleague of frontiersman and Representative Davy Crockett. Literary scholar John Donald Wade later suggested that Clayton was the ghostwriter or at least a co-writer of Crockett’s autobiography and possibly some of his other published works, though this claim has been strongly challenged by other scholars. He was reported to be the author of the political pamphlet “Crockett’s Life of Van Buren,” a work critical of President Martin Van Buren and associated with Jacksonian-era political campaigning.

Augustin Smith Clayton died at his home in Athens on June 21, 1839, and was buried in Oconee Hill Cemetery in that city. His final residence stood on the north side of Clayton Street in downtown Athens, a street named in his honor and located approximately halfway between Thomas and Jackson Streets. His legacy is also reflected in several places named for him, including the city of Clayton, Georgia; Clayton County, Georgia; and Clayton, Alabama. In Lawrenceville, Georgia, one of the town’s original streets bears his name, the only such street not commemorating a War of 1812 veteran, underscoring the distinctive mark he left on the state’s legal, political, and educational history.