Zhang Kangren’s main achievements

Passed the bar exam with high scores

Zhang Kangren has a brother who is doing business in Hawaii and is very wealthy. With the support of his brother, Zhang Kangren returned to the United States to continue his studies at Yale University and graduated in 1883. He then entered Columbia University Law School to pursue a law degree, graduating in 1886. However, he was not allowed to take the New York State Bar Association's qualifying examination, so he could not obtain a lawyer's license. Because according to the regulations at the time, only U.S. citizens could become licensed lawyers in New York State, but the Chinese Exclusion Act had prohibited Chinese from naturalizing.

According to the book "The Inside Story of the Hundred Years of Chinese Exclusion in the United States" (written by Zhang Qingsong, first edition of Shanghai People's Publishing House, November 1998), when Zhang Kangren formally submitted an application to the New York City Supreme Court, he was reject. Supreme Court presiding judge Charles Blount told Zhang Kangren that the state Legislature only allowed the Supreme Court to accept Zhang Kangren, but did not force the court to accept Zhang Kangren. "The state Legislature gave the Supreme Court autonomy in this case, and the court independently decided not to accept Zhang Kangren's application."

According to the New York Times, what stands in front of Zhang Kangren is his foreign nationality. When several justices of the Supreme Court met to study these applications, Justice Blount and Justice Charles Daniels objected to accepting Zhang Kangren as a lawyer. They pointed out that Zhang Kangren has not yet obtained American citizenship, and the appeals court has ruled in the O'Neill case that foreigners who have not been naturalized in the United States cannot obtain a lawyer's license in New York.

Another Supreme Court justice, John Brady, agreed to admit Zhang Kangren. He pointed out that in the same O'Neill case, the Court of Appeal also ruled that state legislatures had the power to exempt bar applicants from foreign nationality. The state assembly has exempted Zhang Kangren from Chinese nationality.

From a legal point of view, Brady's view is correct. In the O'Neill case, the federal appeals court ruled: "U.S. citizenship is a minimum qualification for admission to the practice of law in the courts of this state." But at the same time, the Court of Appeal also declared: "It appears that the state Legislature has the constitutional right to grant the privilege of practicing law to certain aliens."

In doing so, the state Legislature did not violate the federal Chinese Exclusion Act. The state Legislature simply asked the court not to reject Chang's application on the grounds that he is a foreigner. Zhang Kangren is still a foreigner, but he can also become a lawyer. However, other Supreme Court justices still voted against accepting Zhang Kangren.

While the Supreme Court was still debating Zhang Kangren’s case, Zhang Kangren was already making a second effort. He began applying to the courts for naturalization. Before taking the qualifying exam, he first submitted an application for naturalization to the federal district court in New York. There, his application was rejected on the grounds that existing laws prohibited Chinese naturalization.

He tried his luck in the New York State District Court. On November 11, 1887, Zhang Kangren obtained the first naturalization document from Judge George Huson of the New York City Intermediate Civil and Criminal Court. At the time, New York City's Intermediate Civil and Criminal Courts were nicknamed a naturalization machine because it indiscriminately accepted immigrants for naturalization. It is said that one judge issued 1,683 naturalization certificates in one day.

With the naturalization certificate in hand, Zhang Kangren plans to apply for lawyer qualification again the next year. He said that if he was rejected again, he would take the case to the appeals court or even to the federal supreme court.

He found a job at a New York law firm and applied again the next year. This time, he didn't have any trouble. On May 17, 1888, he was admitted to the New York State Bar Association and obtained a license to practice law. From then on, he could appear as an attorney in New York State courts.

Zhang Kangren finally became the first official Chinese lawyer in the United States.

However, the trouble is not over yet.

Zhang Kangren’s naturalization caused a wave of criticism and protests from American public opinion. For example, the New York Times has always been relatively moderate on the issue of Chinese immigration, but it is firmly against the Chinese citizenship rights. It asked this question: "Why did Judge Hu Sen agree to naturalize Zhang Kangren? This issue was raised in court yesterday. It puzzles all lawyers and most judges. Since the passage of the Chinese Exclusion Act in 1882, nothing has been clearer than this [prohibition on naturalization]. No Chinese in this city has been accepted for naturalization except this. Zhang Kangren. A common view is that Judge Hu Sen’s decision to naturalize Zhang Kangren is invalid.”

Probably because most Chinese people live in California, Zhang Kangren decided to move to California to open his business. In 1890, he arrived in California and applied to join the California Bar. But his citizenship was in doubt and his application was rejected. Justice Fox of the California Supreme Court ruled that Zhang Kangren’s naturalization certificate was issued illegally and was therefore invalid.

Since California law also stipulates that lawyers must have U.S. citizenship to practice business, and Zhang Kangren is not a U.S. citizen. Therefore, he was not qualified to become a lawyer in California.

Since he could not become a lawyer, Zhang Kangren had to find a position as a translator in a bank. He later became Liang Qichao's translator in his New World. According to his travel notes, when he was traveling in the United States, he met all the young children studying in the United States. Most of them worked as translators for the Chinese consulate or were compradors of Chinese banks.

Later, Zhang Kangren worked as a translator for the Qing government’s missions in Vancouver, North Korea, Washington and other places for many years, and finally resigned and became a lawyer in Hawaii.

Zhang Kangren’s story has many layers of meaning.

First, it reveals the devastating impact of the Chinese Exclusion Act, especially the ban on naturalization, on the lives of Chinese immigrants. Not only were Chinese people deprived of the right to participate in American politics, they were also excluded from certain higher professions.

Second, Second, it reflects the contradictions encountered by naturalized Chinese. Even though they have proof of naturalization, they are not recognized by the U.S. government. Sooner or later, these documents will be canceled or confiscated.

Third, Third, the US government’s attitude of non-recognition is directed at all Chinese, regardless of their background, education level, social status or degree of Americanization.

Zhang Kangren has lived in the United States for 15 years, has an educational qualification that is the envy of any American, and has a deeper understanding of the American system than most Americans. Such a person still Not eligible to become a U.S. citizen? But he was still kicked out of the citizenship circle. His law license was also revoked. All this is because he is Chinese.

This is truly a policy of "I would rather mistreat a thousand people than let one go". Probably because, if this one was let go, and he was a lawyer, the Chinese Exclusion Act would be challenged. I'm afraid this is also a strategy of killing the chicken and showing it to the monkey. Even Chinese people like Zhang Kangren cannot be recognized. Other Chinese people should stop their wishful thinking as soon as possible.