Comprehensive Reflections to Aid in Governance(Part 111): Minister of Justice Zhang Shizhi

Comprehensive Reflections to Aid in Governance

By Sima Guang

Translated By Yiming Yang  

Annals of Han Book 6 Scroll 14

Shanglin Park, attr. Qiu Ying (1494–1552)

The 3rd year of the Emperor Wen’s Early Era (177 B.C.)

In winter, on October 29, there was a solar eclipse. 

On November 30, there was an eclipse of the sun. 

The imperial edict declared: “In the past, marquises sent to their fiefs may have refused to go. I hold the Chancellor in high regard, and I want him to lead the marquises back to their fiefs!” In December, Zhou Bo, the Chancellor, was dismissed and sent to his fief. 

On December 14, Grand Commandant Guan Ying was appointed Chancellor, and his former position was abolished, with its duties merged into the Chancellor’s office. 

In April of that summer, Prince Jing of Chengyang, Liu Zhang, passed away.

Earlier, Zhang Ao, the Prince of Zhao, presented Consort Zhao to Emperor Gaozu as his companion, and the emperor impregnated her. When Guan Gao’s plot was uncovered, Consort Zhao was implicated and imprisoned in Henei. Her younger brother, Zhao Jian, appealed to Marquis Piyang, Shen Yiji, asking him to plead with Empress Lü in hopes of securing his sister’s release. However, Empress Lü, out of jealousy, did not raise the matter with the emperor. Consort Zhao had already given birth to a son, but out of bitterness, she committed suicide. Officials brought her son to the emperor, who regretted what had occurred. He named the boy Liu Chang and instructed Empress Lü to raise him, while the woman was buried in Zhending. Later, Liu Chang was granted the title of Prince of Huainan.

The Prince of Huainan lost his mother at a young age and was always close to Empress Lü, so during the reigns of Emperor Hui and Empress Lü, he was trouble free. However, he resented Marquis Piyang, Shen Yiji, blaming him for failing to persuade Empress Lü, which he believed led to his mother’s death in desolation. After Emperor Wen ascended the throne, the Prince of Huainan, the emperor’s only surviving brother, became increasingly imperious and defiant, frequently violating the law with impunity. The emperor often pardoned him. That year, when the Prince of Huainan visited the court and went hunting with the emperor in the royal park, he rode in the same carriage as the emperor and addressed him as “big brother.”

The Prince of Huainan, a man of great strength who could lift a cauldron, visited Marquis of Piyang and struck him with an iron mace concealed in his sleeve, then ordered his lackey, Wei Jing, to decapitate him. Afterward, the Prince of Huainan rushed to the palace, bared his back, and apologized to the emperor.  Encumbered by their familial connection, the emperor forgave him without punishment. At this incident, Empress Bo, the crown prince, and other high-ranking officials feared the Prince of Huainan. Emboldened by his pardon, the Prince of Huainan grew even more insolent upon returning to his fief, clearing the roads when he traveled, much like the emperor. He called his orders “Zhi,” mimicking imperial decrees, and proclaimed himself the “Son of Heaven,” a title reserved for the emperor. Yuan Ang warned the emperor that such a domineering vassal would inevitably cause trouble, but the emperor ignored the warning.

In May, the Xiongnu‘s Right Tuqi King entered the south of the bend of Yellow River, raiding and plundering the border nomads in Shangjun Commandery, killing and capturing many. The Emperor traveled to Ganquan County and ordered Chancellor Guan Ying to lead an army of 85,000 cavalry to attack the Tuqi King in Gaonu County. He also commanded the officers under the Central Commandant to report to the Guard General and defend Chang’an. The Right Tuqi King fled beyond the borders.

After arriving in Ganquan, the Emperor visited Gaonu and Taiyuan, where he met with his former ministers, presenting them with gifts. He also granted a three-year tax exemption to the people of Jinyang County and Zhongdu[the capital of the Principality of Dai]. The Emperor stayed in Taiyuan for more than ten days, enjoying his time there.

Earlier, during the purge of the Lü family, the Marquis of Zhuxu made significant contributions. The ministers promised to grant him all the land of the Principality of Zhao and to give the Marquis of Dongmou all the land of the Principality of Liang. However, after the Emperor ascended the throne, he learned that the Marquis of Zhuxu and the Marquis of Dongmou had intended to enthrone their eldest brother, the Prince of Qi[Liu Xiang]. Suspicious of their motives, the Emperor deprived them of the full reward for their contributions. Reluctantly, he enfeoffed two commanderies of Qi to the Marquis of Zhuxu and the Marquis of Dongmou, respectively. Feeling unjustly treated, the Marquis of Dongmou, Liu Xingju, grew resentful. Upon hearing that the Emperor was preparing to campaign against the Xiongnu, Liu Xingju believed the Emperor would leave the capital for war and took the opportunity to rebel.

When the Emperor learned of this, he recalled the Chancellor and withdrew the troops back to Chang’an. He appointed the Marquis of Jipu, Chai Wu, as Grand General, leading four generals and 100,000 soldiers to suppress the rebellion of the Marquis of Dongmou, Liu Xingju. The Marquis of Qihou, Zeng He, was also appointed as a general to lead troops in Xingyang. In July of autumn, the Emperor returned to Chang’an from Taiyuan and issued a decree: “The people of Jibei who surrender before the army arrives will be pardoned and their official positions restored. Those who conspired with Prince Liu Xingju will also be pardoned.” In August, the Prince of Jibei, Liu Xingju’s army was defeated, and he committed suicide.

Zhang Shizhi from Nanyang had served as a cavalry attendant for ten years without reassignment and sought to resign and return home. However, Yuan Ang recognized his talent and recommended him, resulting in Zhang Shizhi being appointed as the Director of Internuncios.

While accompanying the emperor on a tour, they visited the tiger menagerie. The Emperor asked the Shanglin Park Commandant several questions about the registry of birds and beasts in the Imperial Hunting Park. After more than ten questions, the commandant, looking around nervously, was unable to answer any of them. A warden in charge of the tiger menagerie stepped forward and answered on behalf of his superior, providing detailed responses to all the questions about the number of birds and beasts in the park. 

Impressed, the Emperor continued asking more detailed questions, and the warden responded fluently and with great detail. 

The Emperor remarked, “Shouldn’t every official be like this warden? We cannot rely on this commandant!” He then ordered Zhang Shizhi to replace the commandant with the warden as the new Shanglin Park Commandant.

Sometime later, Zhang Shizhi approached the Emperor and asked, 

“Your Majesty, what do you think of the Marquis of Jiang, Zhou Bo?” 

The Emperor replied, “He is a respected elder.” 

“And the Marquis of Dongyang, Zhang Xiangru?” 

The Emperor answered, “They are both respected elders.” 

Zhang Shizhi continued, “These two men are regarded as esteemed elders, yet they cannot express themselves fully. How can they compare to this park warden, who is quick-witted and eloquent? In the Qin dynasty, officials skilled with pen and paper were highly valued, competing to be the quickest and most detail-oriented clerks. But this led to nothing more than superficial reports while real issues were neglected, with problems hidden until they resulted in the dynasty’s collapse. By promoting this glib-tongued park warden, I fear the entire world will follow suit, competing to be the most eloquent while lacking substance. When those below influence those above, it creates noise rather than harmony. Therefore, selecting and promoting officials must be done carefully and not in haste.”

The Emperor was pleased with Zhang Shizhi‘s advice and decided not to promote the park warden. Upon returning to his carriage, the Emperor invited Zhang Shizhi to join him as an assistant driver. As they moved along slowly, the Emperor asked Zhang Shizhi for his views on the decline of the Qin dynasty, to which Zhang Shizhi replied candidly. Upon arriving at the palace, the Emperor appointed Zhang Shizhi as the official in charge of the imperial carriage.

Later, the Crown Prince and the Prince of Liang rode in a carriage to the court and failed to dismount at the Sima Gate, a portal guarded by officers. Zhang Shizhi stopped them from entering the palace and accused them of “failing to dismount at the public gate and showing disrespect,” which he reported. Even Empress Dowager Bo was informed of the incident. The emperor, humbled, removed his hat and apologized for not raising his son properly. Empress Dowager Bo then sent someone to pardon the Crown Prince and the Prince of Liang, allowing them to enter. The Emperor, impressed by Zhang Shizhi‘s sense of duty, appointed him as the Grandee of the Palace, and shortly thereafter, promoted him to General of the Palace.

As they traveled to the Baling mausoleum, the Emperor said to his ministers, “Alas! My tomb is made of stones from the northern mountains. Woven oakum and lacquer fill the cracks. How could it ever be broken into?” Everyone around him agreed, but Zhang Shizhi responded, “If there is something desirable within, even if it is locked in the southern mountains, there will still be a way in. If there is nothing desirable inside, even without the stone tomb, what worry is there?” The Emperor praised his words.

Zhang Shizhi was appointed Minister of Justice that year. On one occasion, as the Emperor was crossing the Middle Wei Bridge, a man suddenly ran out from beneath it, causing the imperial carriage horse to panic. The Emperor ordered his mounting guard to capture the man and hand him over to the Minister of Justice. Zhang Shizhi submitted a report stating, “This man violated the law of trespassing and should be punished with a fine.” The Emperor, angered, said, “This man startled my horse, and if not for its gentle disposition, it could have caused me great harm. Yet, as Minister of Justice, you only impose a fine?”

Zhang Shizhi replied, “The law serves the common good of the people. According to the law, the appropriate punishment for this offense is a fine. If we enforce the law too harshly, the people will lose trust in it. Moreover, if Your Majesty had ordered the man’s execution at that moment, the matter would have already been resolved, and it wouldn’t have been referred to me. The Minister of Justice upholds the law of the land, and if we undermine its authority, how can we ensure justice in the future? I urge Your Majesty to reflect on this matter carefully.”

The Emperor thought for a long time and ultimately agreed with Zhang Shizhi, “You are right. As the Minister of Justice, you have made the correct decision.”

Later, someone stole a jade ring from the Temple of Emperor Gaozu and was caught. The emperor, furious, ordered the case to be handled by the Minister of Justice. Zhang Shizhi submitted a report stating that, according to the law, the punishment for stealing from the ancestral temple was death by beheading in a public market. The Emperor, even more enraged, said, “This person has no morals, yet he has stolen from my father! We let the Minister of Justice handle this case, meant to exterminate his entire family as punishment. But you submitted this report to the court, which does not reflect my reverence for my ancestors.”

Zhang Shizhi bowed, removed his hat, and apologized, “This is the appropriate punishment according to the law. Furthermore, the severity of punishment for the same crime may vary depending on the context. If we were to exterminate his entire family for stealing from the ancestral temple, then, heaven forbid, should a foolish commoner take a handful of soil from the Emperor Gaozu’s tomb, how would Your Majesty punish him?”

The Emperor then consulted Empress Dowager and was permitted to handle the case as Zhang Shizhi saw fit.

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