During Clayton's tenure it was determined that a new courthouse was needed in Kent County. Since the General Assembly had moved from New Castle in 1777 it had shared the county courthouse with the county officials. They wished to continue to do so in the new building. The county commissioners responsible for erecting the building agreed, but asked for "an appropriation for the completion of the building." In response, on June 2, 1788, a committee of the General Assembly reported that "in their opinion such is the situation of the treasury, together with loud complaints of public creditors and their duty to constituents, that the prayer of the memorial cannot be complied with at this time."