He was educated at Emory and Henry College, from which institution he was graduated in 1848, and for distinguished scholarship bore away from the college the Robertson Prize Medal. He lost no time after the completion of his collegiate course, for a year later he was admitted to the bar, and entered at once on a successful and lucrative practice. The first eight years of his life were rigidly devoted to the law, and though recognized as one of the ablest of the young lawyers of the state, and one of the most popular, he could not be persuaded to enter on public life. In 1857, however, he was chosen without opposition to be a representative to the legislature from Barbour County, and again in 1859 he was elected. Mr. Clayton was chairman of the committee on the military in 1861, when Governor Moore called for twelve months' volunteers to go to Pensacola, which was considered to be to the enemy a vulnerable point. At that time, Mr. Clayton was the colonel of the Third regiment of the Alabama volunteer corps, and in response to the appeal of Governor Moore, the services of this regiment were tendered. But as only two regiments were called for, Governor Moore's desire was that they should come from different parts of the state. However, two companies of Colonel Clayton's regiment were accepted and mustered into service. Pressure was brought to bear on Colonel Clayton to remain in the legislature, but he positively declined to remain, and declared his purpose to enter the prospective army of the Confederacy. Finding that the governor would not accept the entire regiment of which he was the commander, he resigned his seat in the legislature and took his place in the ranks of one of the companies as a private. Thereupon the governor gave him a commission as aide-de-camp and sent him to Pensacola to receive the Alabama companies as they should arrive, and organize them into regiments. Colonel Clayton had the distinction of organizing the first regiment that was organized for the Confederate service. Of this regiment he was chosen the colonel. The regiment was composed of the pick of young Alabamians, not a few of whom, though already distinguished citizens, were serving in the ranks as privates. Among these may be named Hons. John Cochran, James L. Pugh and E. C. Bullock. Hailing from the same city were Colonel Clayton and these eminent citizens serving in the ranks as privates. It reflected as great honor on these privates, as it did on the young colonel, that while representing the same circle of society at home, in their respective relations as soldiers, the one a colonel and the others privates, there was exercised, on the other hand, the rigid discipline of the officer, and on the other, the prompt obedience of the soldier in the ranks.