Wolcott was nominated by
President James Madison to the
US Supreme Court in 1811 to fill a vacancy left by the death of
William Cushing. He had not been Madison's first choice, as he had nominated former
US Attorney General Levi Lincoln already in January 1811. Despite being confirmed by the Senate, Lincoln refused the honor. Madison's decision to nominate Wolcott was taken for primarily political reasons. Although Wolcott was recognized as a leader among Republicans, and Lincoln supported his nomination, many others criticized Madison and his choice. The
Columbian Centinel wrote that "Even those most acquainted with modern degeneracy were astounded at his abominable nomination." The
New-York Gazette Advertiser decried his nomination by writing: "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!" Opposition to Wolcott's nomination centered on two main reasons: his strict enforcement of controversial non-intercourse and embargo acts as customs inspector and his lack of qualifications. Due to lack of judicial experience, Wolcott was widely believed to be unqualified and incapable of serving in such an important judicial position. On the second point, Wolcott was criticized for his strict enforcement and support of the
Embargo Act of 1807. The law, passed under Jefferson, prevented goods from
England,
France, and other countries, from entering the US. It was extremely unpopular among merchants and farmers whose profits were significantly harmed by the law. Wolcott's nomination was received by the Senate on February 4, 1811. It was referred to a select committee of three members, making him the only nominee referred to a committee prior to the creation of the
Senate Judiciary Committee in 1816. The committee voted on his nomination on February 13, and later that day he was referred to the Senate floor, where he was rejected by a vote of 9—24. This was despite the Democratic-Republican Party having a 28 to 6 majority in the Senate. Wolcott's nomination was only the second to have been rejected in US history, the one prior to it being
John Rutledge's rejection
in 1795 as
George Washington's nominee for
Chief Justice. 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. After his rejection, Madison nominated
John Quincy Adams, who also
was approved by the Senate but turned down the appointment. The seat eventually went to
Joseph Story, who became the youngest person to have sat on the Supreme Court. == Role in the 1815–18 depression and later politics ==