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On February 4, 1811,Alexander Wolcott was nominated by U.S. PresidentJames Madison to serve as anAssociate Justice of theSupreme Court of the United States. Wolcott's nomination was met with broad criticism, due to his lack of qualifying legal experience, as well as his highly partisan background, and his enforcement of theEmbargo Act of 1807 andNon-Intercourse Act of 1809 as acustoms collector. The nomination faced an unprecedented review by aselect committee, and was considered for an unprecedentedly-lengthy period of nine days before being voted on by the Senate. Despite Madison'sDemocratic–Republican Party holding asupermajority in the Senate, the nomination was overwhelmingly defeated in a 9–24 vote on confirmation.

Wolcott's nomination was the second of three unsuccessful attempts by Madison to fill the vacancy left by the death of Associate JusticeWilliam Cushing.Levi Lincoln Jr. had earlier declined to accept the judgeship, after having been confirmed unanimously by the Senate. After Wolcott's defeat, Madison nominatedJohn Quincy Adams,whose nomination was unanimously confirmed. Like Lincoln, Adams also declined to accept the judgeship. Madison succeeded on his fourth attempt to fill the seat, appointingJoseph Story.

In the early decades of theSupreme Court of the United States, nominations were routinely quickly confirmed with brief (if any) deliberation, often being confirmed by theUnited States Senate byvoice vote.^[1][2] which was rejected due to concerns surrounding Rutledge'smental health and rumoredalcohol abuse.^[3][4]

In September 1810,William Cushing (an incumbentassociate justice of the United States Supreme Court) died, creating a vacancy on the court. Cushing had been staunchly aligned withFederalist ideology, and had been one of the inaugural justices appointed to the court byGeorge Washington. PresidentJames Madison consulted closely with former presidentThomas Jefferson about the prospects surrounding the vacancy, believing that the vacancy presented him an opportunity to appoint a challenge that would champion therepublican ideology of theirDemocratic-Republican Party and act as a counterweight to Chief JusticeJohn Marshall. In the past, several judges that Jefferson and Adams had appointed, who had entered the court aligned with their ideals, as members of the court were persuaded by Marshall to adopt an ideology more aligned with him. Thus, Madison and Jefferson were keen on finding and appointing a judge who would be independent-thinking and strongly aligned with Democratic-Republicanism.^[5]

Madison and Jefferson agreed that their first-choice to fill the vacancy would beMassachusetts-based lawyerLevi Lincoln Sr. Lincoln was both well established as a Democratic-Republican and respected as a lawyer.^[5] Lincoln had sent word to Madison that he would not want to be appointed to the court. However, Madison had so wanted him, that he decided to nominate him despite these wishes in hopes that he might relent and change his disposition towards accepting an appointment.^[6] On January 2, 1811, Madison nominated Lincoln to fill the seat. He was confirmed the following by a voice vote of theUnited States Senate. After his confirmation, Lincoln declined to accept the seat.^[5][1] He cited his elderliness (62 years) and poor eyesights as reasons he could not accept.^[6] Only one previous nomination had been rejected by a vote of the Senate:John Rutledge's nominationin 1795 byGeorge Washington's to beChief Justice.^[2]

Wolcott, aConnecticut-basedcustoms collector,^[5][7] having been appointed a collector atMiddletown, Connecticut by Jefferson in 1802. Prior to this, he had served in theConnecticut General Assembly from 1796 through 1801.^[8] He was a staunch Democratic–Republican,^[5][7] and was considered apolitical boss and the leader of the party in his state.^[7][9] He had also been consulted by theJefferson administration after the1800 presidential election about nominations.^[10]

While he was a graduate of the prestigiousYale College, and had both studied and practiced law,^[10] Wolcott lacked any remarkable ability or accomplishment in the field of law.^[5][6] He was best known for having, as customs collector, having strongly enforced theEmbargo Act of 1807.^[7] He also strongly enforced theNon-Intercourse Act of 1809,^[11] both of which were particular unpopular with northern merchants.^[12]

On February 4, Madison nominatedAlexander Wolcott to the seat.^[1] He was selected as nominee chiefly due to his deep partisan allegiance, as he lacked any remarkable ability or accomplishment in a field of law.^[5][6]

Senate opposition to Wolcott's nomination also arose due to his lack of qualification.^[11] His lack of distinction in the field of law even led to many within the Democratic–Republican party to also lack enthusiasm towards his nomination.^[6] The lack of support within the Democratic–Republican Party was critical, since the party held a wide 28 to 6supermajority in the Senate, meaning that his nomination could have been consented to by the Senate without any support from Federalist Party members.^[9] Wolcott's nomination was ultimately the first nomination rejected for concerns regarding their judicial qualifications.^[7][9]

The nomination attracted significant criticism. TheColumbian Centinel wrote that "Even those most acquainted with modern degeneracy were astounded at his abominable nomination."^[13] One major newspaper in Washington, D.C. also shared this sentiment, similarly calling the nomination "abominable".^[9] TheNew-York Gazette Advertiser decried his nomination by exclaiming, "Oh degraded Country! How humiliating to the friends of moral virtue – of religion and of all that is dear to the lover of his Country!"^[14]

Levi Lincoln, Adams's previous nominee for the seat, supported Wolcott's nomination.^[15]

The Federalist Party (the opposition party to the president, as well as the minority party in the Senate) additionally opposed the nomination over various concerns tied to his politics.^[6] They opposed Wolcott's pronounced partisanship, and also expressed disdain for his enthusiastic approach as a customs collector in enforcing the embargo and non-intercourse laws.^[6][11] His support for those laws made his nomination unpopular with many figures from region ofNew England, where Wolcott himself hailed from.^[16]

The nomination was received on February 4, and was referred to a select committee of three members, making him the only nominee referred to a committee prior to the creation of theSenate Judiciary Committee in 1816. On February 13, committee reported on the nomination without making a recommendation, advancing the matter to the full Senate for a vote that was held later that day.^[2][17]

On February 13, the Senate defeated Wolcott's nomination by a vote of 9–24.^[1][2] Wolcott's nomination was only the second to have been rejected in US history, after only John Rutledge's rejection in 1795. It had been rejected nine days after its receipt by the Senate. Prior to 1816, this was the longest period of deliberation by the Senate over a Supreme Court nominee, and the only one longer than seven days.^[2]

After the defeat of Wolcott's nomination, Madison nominatedJohn Quincy Adams for the seat. Thenomination of Adams was quickly confirmed unanimously. However, like Lincoln, Adams declined to accept the judgeship.^[5] Madison later nominatedJoseph Story, who accepted the judgeship after being unanimously confirmed to it.^[5]

Wolcott later served at the Connecticut Constitutional Convention in 1818, where records show that he spoke strongly in opposition tojudicial review.^[12]

In 2022,Donald C. Simmons Jr. observed, that Wolcott's failed nomination,

Highlights early challenges in the judicial nomination process and the complexities of political influence in such appointments.^[7]

Indeed, over the subsequent course of the 19th century, rejection of nominations would become more common. Nearly one-third of nominations made during the 19th century were rejected by the Senate.^[16]

• 1811 in American politics
• 1811 in American law
• 11th United States Congress
• Nominations to the United States Supreme Court
• Presidency of James Madison
• James Madison administration controversies

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