 In 1873, Governor Elisha Baxter appointed him a judge of the same Circuit Court, but, in 1875, he resigned this position to accept an appointment, offered by President Ulysses Grant as United States Attorney for the Western District of Arkansas.The United States District Court for the Western District of Arkansas had recently moved to Fort Smith, Arkansas, and W. H. H. Clayton moved to Fort Smith when he took the U.S. Attorney position.In 1882, Clayton purchased an old house in the downtown area of Fort Smith, which he enlarged and renovated.