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understanding of character when he argues, “Indiscriminate admission to persons for the
purpose of (living idle) would be very doubtful” (XII, 143). Allowing the idle to gain
citizenship would violate the old maxim, identified by Mr. Jackson, of “allegiance and
land” going together (XII, 165). Thus, the industrious would become attached to the
government because of the economic opportunities it provides.
The means of ascertaining an individual’s character was to be done by Courts in
the form of grand juries. Juries were held to have the benefit of keeping America from
being overrun by vagrants, paupers, and outcasts. On this point, Congressman Jackson
stated that he thinks an alien:
ought to pass his time, as it were, in a state of probation, and at the end of the
term, be able to bring testimonials of a proper and decent behavior; no man, who
would be a credit to the community, could think such terms difficult or indelicate:
if bad men were dissatisfied on this account, and should decline to migrate, the
regulation will have a beneficial effect; for we had better keep such out of the
country, than admit them into it (XII, 151-52).
13
The implication of such a policy would be that only “reputable and worthy characters”
would come to the United States. This is the same argument advanced by James Madison
and, as shown earlier, “reputable and worthy characters” are farmers, mechanics, and
manufacturers.
Despite this economic focus, one recognizes that the Naturalization Act of 1790
falls short of articulating an economic theory of citizenship. Notes from Maclay’s
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Mr. Jackson’s view of the role grand juries were to play turned out to be the
most sober view found in the First Congress. John Page of Virginia, speaking on this
topic, spoke as follows: “grand juries to indict such emigrants as are unworthy to become
citizens and expel them: We must add an inquisition . . . we should add censors and
banish the immoral from amongst us” (XII, 152). Despite the almost apocalyptic tone of
Mr. Page, his call for an inquisition and censors prove prophetic as one will see in the
discussion of the Naturalization of 1798 below and its link to the Alien Enemies Act of
the same year that provided for the securing and removing of alien enemies without due
process of law.
Convention