Madison's Malaise
How President James Madison's Nomination for the U.S. Supreme Court Failed, Failed and Failed Again
Few nominations to the Supreme Court have been more unexpected or universally ridiculed as President James Madison’s choice of Alexander Wolcott in the Winter of 1811.
Like President George W. Bush’s nomination of Harriet Miers - nearly two centuries later - Wolcott’s nomination failed to gain the support of Madison’s own party and ultimately sputtered to defeat.
Federalists and Democrats alike were completely taken aback by Wolcott’s nomination.
For months it had been known that Supreme Court Justice William Cushing - who had been suffering from poor health for years - was near death when his passing was finally announced in September of 1810.
Cushing had served on the Supreme Court since its first term in February of 1790.
The Harvard graduate and Massachusetts judge had arrived in New York City that same month wearing a traditional, British style, judicial wig that had attracted a crowd of young onlookers.
Oblivious as to what was attracting so much attention Cushing continued onward until he crossed paths with a passing sailor. “My eyes!” exclaimed the man. “What a wig!”
Cushing immediately returned to his lodgings and ordered a more fashionable wig.
Once on the court Cushing became known for his moderation. A Federalist in his politics he was a staunch critic of the French Revolution and supporter of the Alien and Sedition Acts.
While on the court President George Washington - unbeknownst to Cushing - had decided to appoint him Chief Justice.
The nomination was announced during a large dinner party at Washington’s residence.
As Cushing entered the dining room Washington - who was already seated at the head of the table - called out to Cushing.
“The Chief Justice of the United States will please take his seat on my right,” Washington declared.
Cushing ultimately declined the nomination citing poor health. He would serve another 14 years on the court.
By the time of his death - at 78 years of age - Cushing was said to be “somewhat senile.”
Cushing’s death provided the Democrats with an opportunity to secure a majority on the Supreme Court. For Thomas Jefferson Cushing’s death - as he wrote Madison - was a “circumstance of congratulation.”
The former president’s first choice for the Supreme Court was Levi Lincoln - his former Attorney General.
“Pure integrity, unimpeachable conduct, talents and republican principles leave him now I think without a rival,” Jefferson wrote of Lincoln.
Madison offered the seat to Jefferson’s former Attorney General, but Lincoln declined. He was too old and his eyesight too poor Lincoln told Madison.
Despite Lincoln’s objections the president sent the nomination to the Senate anyway. It was confirmed the very next day on January 3 of 1811.
Lincoln however still refused the appointment and Madison was forced to search for another candidate.
Other potential nominees included John Quincy Adams and former Congressman Joseph Story.
Then Madison surprised everyone by nominating Wolcott.
A collector of ports in his home State of Connecticut, Wolcott was one of the few Democratic-Republicans in a region filled with Federalists.
Handsome and “gigantic” in “stature” with “prominent and intelligent features” - according to one contemporary - Wolcott had a “commanding personal dignity, inspiring respect without exciting awe.”
In 1810 Wolcott opened a woolen mill on Washington Street in his home City of Middletown. It was said to be one of the first in the nation to use steam power. Located in a large, five story, former brick sugar house the mill had between 60 and 80 employees, could produce as much as 40 yards of broadcloth a day and generated approximately $70,000 or more a year in income.
As collector of ports Wolcott’s strict enforcement of Jefferson’s unpopular embargo and non-intercourse acts had angered his neighbors and impressed his friends.
Yet even members of his own party were left scratching their heads when it came to Madison’s choice of Wolcott for the Supreme Court.
“It has excited the astonishment of even Democrats with us and will tend even among them to bring into contempt the president,” Connecticut Senator James Hillhouse wrote following Wolcott’s appointment.
The Federalists also blasted his appointment.
“We hope even in the ranks of democracy a man might have been found whose appointment would have been less disgusting to the moral sense of the community and whose private virtues or legal knowledge might have afforded some security from political depravity,” the Hartford Courant wrote.
The Connecticut Mirror was equally scathing in its denunciation of Wolcott.
“It was once thought that a candidate for the office of judge of the highest court of law should be a man of learning, particularly in the science of law…that such a candidate should not be possessed of low vulgar manners and habituated to conversation which would become Billingsgate and the brothel,” they wrote.
Connecticut poet - or as one Virginia newspaper characterized him “intriguing and troublesome Joel Barlow, whose tongue is constantly in the president’s ear” - was credited with suggesting to Madison that Wolcott be nominated.
On February 3 the Senate resoundingly rejected Wolcott’s nomination - with only nine votes in favor compared to 24 opposed. “The president is said to have felt great mortification at this result,” John Randolph later wrote.
Madison now had to find a new candidate for the position. He choose John Quincy Adams.
“The Senate, fearing that if rejected, another Alexander Wolcott would be presented to them, swallowed Adams at a gulp and digested him as quick as possible without a dissent,” the Evening Post reported.
The Senate confirmed Adams in a unanimous vote but like Lincoln he subsequently declined the position.
It would take Madison another six months to name a new appointment. This time he chose Story.
Jefferson considered Story – who had opposed his Embargo Act – as a “pseudo-republican.”
Story however was confirmed by the Senate and became the youngest man to serve on the court as of that time.
SOURCES
The Boston Medical and Surgical Journal J.V.C. Smith MD Editor Vol. XXI D. Clapp Jr. Publisher Boston 1840 pg. 109
Biographical Sketches of The Graduates of Yale Henry Holt and Co. NY 1907 pg. 81
Founding Fathers and Patriots of Middletown Upper Houses Since 1851 The Ranney Memorial and Historical Association Stewart Printing Company 1903 Middletown pg. 54
The History of Middlesex County Connecticut J.B. Beers & Co. NY 1884 pg. 96
The Memorial History of Hartford County Connecticut J. Hammond Trumbull Vol. I. Boston Edward L. Osgood Publisher 1886 pg. 103
The Lives and Times of the Chief Justics of the Supreme Court of the United States Henry Flanders Vol. II, T&J.W. Johnson & Co. Phild. 1881 pg. 15-16, 26, 38, 46-48
The Supreme Court of the United States Vol. I Charles Warran Little, Brown & Co. 1922 pg. 400-412
The Pittsfield Sun February 23, 1811
The Evening Post March 2, 1811
The Memorial History of Hartford County Connecticut J. Hammond Trumbull Vol. I. Boston Edward L. Osgood Publisher 1886 pg. 103
Bulletin of the society of Medical History Chicago Vol I. George Weaver Editor 1911 pg. 132
The Gleaner February 22, 1811
The Evening Post February 20, 1811
The Evening Post February 325, 1811
Hartford Courant February 13, 1811