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酷吏列傳

Biographies of Cruel Officials

Chapter 122 of 史記 ✓ Translated
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Chapter 122
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1
使
Confucius said: "Lead the people with governmental measures and regulate them with punishments, and they will evade the law but feel no shame. Lead them with virtue and regulate them with propriety, and they will have a sense of shame and moreover reform themselves." Laozi said: "The highest virtue does not regard itself as virtuous, and therefore possesses true virtue; The lowest virtue never loses sight of its own virtue, and therefore lacks true virtue. The more laws and edicts are promulgated, the more thieves and bandits arise." The Grand Historian remarks: How true these words are! Laws and edicts are merely the instruments of governance, not the wellspring that determines whether rule is pure or corrupt. In former times, the net of laws across the realm was drawn ever tighter, yet fraud and treachery continued to sprout. Carried to its extreme, those above and below deceived one another until the whole order fell into decline. In those times, governance was like trying to douse a fire while fanning the flames — without officials who were forceful, severe, and ruthless, who could have shouldered such a burden and taken satisfaction in the task? Those who preached morality and virtue were already drowning in their own offices. Hence the saying: "In hearing lawsuits, I am no different from anyone else. What truly matters is to bring about a world where there are no lawsuits at all." "When the lowest sort of scholar hears of the Way, he bursts out laughing." These are no empty words. When the Han dynasty arose, it rounded off the sharp edges and smoothed the ornate back to simplicity. The net of laws was so loose that fish large enough to swallow boats could slip through, yet governance improved steadily, corruption never took hold, and the common people lived in peace. Viewed from this perspective, the key lies in that approach, not this one.
2
During the reign of Empress Dowager Gao, the only harsh official was Hou Feng, who ground down the members of the imperial clan and humiliated ministers of merit. After the downfall of the Lu clan, Hou Feng's entire family was wiped out. In the reign of Emperor Jing, Chao Cuo relied on harsh severity and political stratagems to bolster his position. When the Rebellion of the Seven Kingdoms broke out, fury was turned upon him, and Cuo was put to death. After him came the likes of Zhi Du and Ning Cheng.
3
Zhi Du was a native of Yang. He served Emperor Wen as a Gentleman of the court. Under Emperor Jing, Zhi Du became Commander of the Gentlemen of the Palace. He dared to speak his mind bluntly and would rebuke the highest ministers to their faces at court. Once, while accompanying the emperor on a visit to the Shanglin Park, Lady Jia went to use the privy, and a wild boar suddenly charged in after her. The emperor glanced at Zhi Du, but Zhi Du did not stir. The emperor was about to seize a weapon and rush to Lady Jia's rescue, but Zhi Du threw himself at the emperor's feet and said: "Lose one consort and another will take her place. Is the empire so short of women like Lady Jia? Even if Your Majesty holds his own life cheap, what of the ancestral temples and the Empress Dowager?" The emperor drew back, and the boar, too, departed. When the Empress Dowager heard of this, she rewarded Zhi Du with a hundred catties of gold, and from that time on held him in the highest regard.
4
The Jian clan of Jinan comprised more than three hundred households. They were powerful and lawless, and no administrator of two-thousand-picul rank had been able to bring them to heel. Emperor Jing therefore appointed Zhi Du as Grand Administrator of Jinan. Upon his arrival, he executed the ringleaders of the Jian clan and their families. The rest of the populace trembled in terror. Within a little over a year, no one in the commandery so much as picked up things dropped on the road. The governors of more than ten neighboring commanderies feared Zhi Du as though he were their own superior.
5
Zhi Du was a man of courage and vigor. He was scrupulously fair and incorruptible — he never opened private letters, accepted no gifts, and refused all personal entreaties. He was fond of saying: "Having turned my back on my parents to serve in office, I must devote myself to duty and, if need be, die for principle at my post. I shall never look back for the sake of wife and children."
6
Zhi Du was promoted to the post of Commandant of Justice. The Chancellor, the Marquis of Tiao, was a man of the highest rank and considerable pride, yet Zhi Du greeted the Chancellor with nothing more than a casual bow. At that time the people were simple and law-abiding, cautious for fear of punishment, yet Zhi Du alone took the lead in ruthless severity, enforcing the law without sparing the noble or the wellborn. The marquises and members of the imperial clan could only glare at him from the corners of their eyes, and they gave him the name "the Grey Hawk."
7
簿 使 使使便便
When the King of Linjiang was summoned to the Commandant's office to answer charges, he wished to obtain a brush and writing knife to compose a letter of apology to the emperor, but Zhi Du forbade his clerks from providing them. The Marquis of Weiqi secretly sent someone to slip the writing materials to the King of Linjiang. After the King of Linjiang had written his letter of apology to the emperor, he took his own life. When Empress Dowager Dou learned of this, she was enraged and had capital charges brought against Zhi Du. He was dismissed from office and sent home. Emperor Jing then dispatched an envoy bearing the imperial tally to appoint Zhi Du as Grand Administrator of Yanmen, sending him directly to his post with full authority to act at his own discretion. The Xiongnu had long known of Zhi Du's formidable reputation. When he was stationed on the frontier, they pulled their forces back and, for the entire duration until Zhi Du's death, did not dare approach Yanmen. The Xiongnu even fashioned a wooden effigy in the likeness of Zhi Du and ordered their horsemen to gallop past shooting at it, yet none could hit the mark — so profoundly did he terrify them. The Xiongnu considered him a dire threat. In the end, Empress Dowager Dou had Zhi Du convicted under the laws of Han. Emperor Jing protested: "Zhi Du is a loyal minister." He wished to have him pardoned. But Empress Dowager Dou retorted: "Was the King of Linjiang not a loyal subject as well?" And so Zhi Du was put to death.
8
Ning Cheng was a native of Rang. He served Emperor Jing as a Gentleman Usher. He was a man of fierce temper. When serving as a minor clerk, he invariably bullied his superiors; when placed in authority over others, he gripped his subordinates as tightly as one binds wet firewood. He was cunning and ruthless, wielding his authority without scruple. He rose through the ranks to become Commandant of Jinan, at a time when Zhi Du was serving as Governor there. Before Ning Cheng's arrival, every previous Commandant had entered the Governor's office on foot and, through their clerks, paid their respects to the Governor as deferentially as a county magistrate would — so greatly did they fear Zhi Du. But when Ning Cheng arrived, he brazenly rode roughshod over Zhi Du, asserting himself as the superior. Zhi Du, who had long heard of his reputation, therefore treated him with courtesy and struck up a friendship. Some time later, Zhi Du died. Thereafter, many members of the imperial clan in and around Chang'an committed brazen violations of the law, and the emperor summoned Ning Cheng to serve as Commandant of Justice. His methods of governance followed Zhi Du's example, though in integrity he fell short. Even so, every powerful figure in the imperial clan trembled with dread.
9
使 使
When Emperor Wu came to the throne, Ning Cheng was transferred to the post of Prefect of the Capital. The imperial in-laws frequently denounced his failings, and he was convicted and sentenced to having his head shaved and wearing an iron collar. In those days, when ministers of the Nine Ministers rank were convicted of capital offenses, they were executed — few suffered the humiliation of corporal punishment. Yet Ning Cheng received the harshest sentence. Convinced he would never be restored to office, he broke free of his bonds, forged a travel pass, and slipped through the frontier gate to return home. He declared: "If a man cannot rise to two-thousand-picul rank in office, or amass ten million cash in trade, how can he hold his head up among his peers?" He borrowed on credit to purchase over a thousand qing of irrigated farmland, leased it to the poor, and put several thousand households to work. After several years, a general amnesty was proclaimed. He amassed a fortune of several thousand catties of gold, styled himself a knight-errant, held leverage over officials by knowing their secrets, and rode out attended by dozens of horsemen. His hold over the common people surpassed even that of the commandery governor.
10
Zhouyang You's father, Zhao Jian, had been enfeoffed at Zhouyang on account of being the maternal uncle of the King of Huainan, and the family thereafter took Zhouyang as their surname. Through the privilege of his noble house, Zhouyang You was appointed a Gentleman and served both Emperor Wen and Emperor Jing. Under Emperor Jing, Zhouyang You served as a commandery governor. When Emperor Wu came to the throne, the administration still prized caution and diligence. Yet among all the officials of two-thousand-picul rank, Zhouyang You was the most violent, cruel, arrogant, and self-indulgent. Those he favored, he would bend the law to save; those he despised, he would twist the law to destroy. In whichever commandery he governed, he invariably crushed the local strongmen. When serving as Governor, he treated the Commandant like a mere county magistrate. When serving as Commandant, he invariably rode roughshod over the Grand Administrator and seized control of affairs. He was as headstrong as Ji An and as venomous in his written denunciations as Sima An. Though all of them held the same two-thousand-picul rank, when riding in the same carriage no one dared share the cushion as an equal.
11
Later, Zhouyang You served as Commandant of Hedong, where he clashed with the Governor, Shengtu Gong, over power. Each accused the other of crimes. Shengtu Gong was found guilty but, considering it beneath his dignity to submit to punishment, took his own life. Zhouyang You, for his part, was executed in the marketplace.
12
After the time of Ning Cheng and Zhouyang You, affairs grew ever more complex and the people more adept at exploiting the law. On the whole, the officials who governed were cut from the same cloth as Cheng and You.
13
Zhao Yu was a native of Tai. He entered government service as an Assistant Clerk assigned to the Central Capital offices. On account of his integrity, he was promoted to Chief Clerk and served under Grand Commandant Yafu. When Yafu became Chancellor, Zhao Yu served as the Chancellor's Clerk, and everyone in the office praised him for his integrity and fairness. Yet Yafu refused to promote him, saying: "I know perfectly well that Zhao Yu is without fault, but his legal writing is excessively severe. He is not fit for a position of high authority." Under the present emperor, Zhao Yu accumulated merit through years of clerical work and was gradually promoted to the rank of Censor. The emperor considered him capable and raised him to the rank of Grand Palace Grandee. Together with Zhang Tang, he deliberated on and codified the various laws and edicts. They created the statute of "obligation to report," whereby officials at every level could monitor and check one another. The ever-harsher application of the law may be traced to this very beginning.
14
使
Zhang Tang was a native of Du. His father served as the Vice Prefect of Chang'an. One day, when his father went out, the young Tang was left to mind the house. When the father returned and found that a rat had stolen the meat, he was furious and whipped the boy. Zhang Tang dug into the burrow, recovered the thieving rat and the remaining meat, drew up a formal indictment, subjected the rat to interrogation under torture, prepared the legal documents, conducted the trial, and pronounced his verdict. Then he took the rat and the meat and had the rat publicly dismembered beneath the hall. When his father examined the boy's legal writings and found them as polished as a veteran prison clerk's, he was astonished and thenceforth put him to work drafting legal cases. After his father's death, Zhang Tang served for many years as a clerk in Chang'an.
15
調
When the Marquis of Zhouyang first served as one of the ministers, he was once imprisoned in Chang'an. Zhang Tang devoted himself wholeheartedly to his case. After his release and ennoblement as a marquis, he formed a close friendship with Zhang Tang and introduced him to all the influential men in his circle. Zhang Tang was assigned to serve under the Prefect of the Capital, where he became a clerk under Ning Cheng. Ning Cheng, considering him a man of ability, recommended him to the central government. He was transferred to serve as Commandant of Maoling, where he oversaw the affairs of the district.
16
使
When the Marquis of Wu'an became Chancellor, he summoned Zhang Tang to serve on his staff and frequently recommended him to the emperor. Zhang Tang was appointed Censor and assigned to investigate cases. He took charge of the witchcraft case against Empress Chen, relentlessly pursuing every last member of the conspiracy. The emperor was impressed by his ability and gradually promoted him to the rank of Grand Palace Grandee. Together with Zhao Yu, he codified the laws and edicts, striving above all for the harshest possible interpretations, which constrained even conscientious officials to the letter of the law. In time, Zhao Yu was promoted to Commandant of Justice and then transferred to the post of Privy Treasurer, while Zhang Tang became Commandant of Trials. The two remained close friends, and Zhang Tang treated Zhao Yu as an elder brother. Zhao Yu was by nature incorruptible and haughty. From the time he entered office, he kept no guests in his household. Nobles and ministers called upon Zhao Yu, yet he never returned their visits. He was determined to refuse every request from friends and associates, standing alone and pursuing his single-minded purpose. Whenever he found a legal pretext, he seized upon it without bothering to review the case further, and he would hunt out the hidden offenses of his subordinate officials. Zhang Tang, by contrast, was a man of great cunning who wielded his intelligence to manipulate others. In his early days as a minor clerk, he speculated for profit and cultivated private ties with wealthy Chang'an merchants like Tian Jia and Yu Wengshu. After rising to the rank of one of the Nine Ministers, he cultivated the most renowned scholars and gentlemen throughout the realm. Even when he inwardly disagreed with them, he outwardly feigned admiration.
17
便 調
At that time, the emperor was turning toward Confucian learning. When Zhang Tang adjudicated major cases, he wished to buttress his judgments with classical precedent. He therefore requested that disciples of the Imperial Academy versed in the Documents and the Spring and Autumn Annals be appointed to the Commandant of Trials' office to help resolve doubtful points of law. When presenting doubtful cases for the imperial judgment, he always laid out the merits of the case for the emperor beforehand. Whatever the emperor approved, he would adopt and record as the Commandant of Trials' official ruling, thereby magnifying the emperor's sagacity. If a memorial drew the emperor's censure, Zhang Tang would at once apologize and defer to the imperial preference. He would invariably name his best clerks and supervisors, saying: "These men originally proposed this to me, but I failed to adopt their advice, and foolishly arrived at this result." In this way, his offenses were invariably forgiven. Conversely, when he submitted a memorial the emperor approved of, he would say: "I myself did not know how to compose this memorial. It was actually prepared by such-and-such a clerk or supervisor." Such was his method of recommending his subordinates — publicizing their merits and concealing their faults. When a case was one the emperor wished to see punished, he would assign it to the most ruthless of his supervisors and clerks; when the emperor wished to see a case dismissed, he would assign it to those who were lenient and fair-minded. When prosecuting the powerful, he invariably manipulated the letter of the law to craft ingenious accusations; When the accused were lowly and powerless, he would occasionally speak up for them. Even when the law could technically be invoked, the emperor would merely glance over the case. And so the emperor would often accept Zhang Tang's recommendations. By the time Zhang Tang had risen to high office, his private conduct appeared beyond reproach. He was lavish in entertaining guests with food and wine. He was especially generous in looking after the sons of old friends who served in office, as well as his own impoverished kinsmen. When calling upon the great ministers, he braved both the cold of winter and the heat of summer. For this reason, although Zhang Tang's legal interpretations were severe, his temperament jealous, and his judgments far from impartial, he nonetheless earned a fine reputation. The harsh officials who served as his trusted agents attached themselves to Confucian scholars for cover. Chancellor Gongsun Hong frequently praised his merits. When he handled the rebellion cases of Huainan, Hengshan, and Jiangdu, he pursued every last root of the conspiracies. In the cases of Yan Zhu and Wu Bei, the emperor wished to pardon them. Zhang Tang argued strenuously: "Wu Bei was the very architect of the rebellion plot, and Yan Zhu, a trusted intimate with access to the inner court, secretly consorted with the feudal lords. If they are not executed, there will be no governing the realm in the future." The emperor thereupon consented to their prosecution. In his handling of cases, he frequently brought down great ministers while claiming the credit himself. Many of his cases followed this pattern. As a result, Zhang Tang's prestige and authority grew, and he was promoted to the rank of Imperial Secretary.
18
It happened that Hunye and other Xiongnu leaders surrendered, and the Han raised vast armies to campaign against the Xiongnu. Meanwhile, floods and droughts struck the lands east of the mountains, impoverished people became refugees, all dependent on the government for relief, and the state coffers were drained dry. Accordingly, acting on the emperor's wishes, Zhang Tang proposed the minting of white-metal coins and five-zhu coins, established state monopolies over salt and iron, suppressed the great merchants and traders, promulgated the decree requiring the reporting of concealed wealth, uprooted the powerful families who had been amassing estates, and twisted the letter of the law with ingenious accusations to enforce compliance. Whenever Zhang Tang attended court to present his proposals and discuss state finances, the discussions would stretch until late in the day, and the Son of Heaven would forget to eat. The Chancellor was reduced to a mere figurehead, and all the affairs of the realm were decided by Zhang Tang. The common people could find no peace and were in a state of upheaval. The government's new enterprises had not yet yielded any benefit, and corrupt officials exploited and plundered at every turn. In response, ever harsher punishments were imposed. From the highest ministers down to the humblest commoners, all pointed the finger at Zhang Tang. Once, when Zhang Tang fell ill, the Son of Heaven came in person to visit him at his sickbed — such was the height of his favor.
19
便 便 使 使使
When the Xiongnu sent envoys to request a marriage alliance, the assembled ministers debated the matter before the emperor. The Academician Di Shan declared: "A marriage alliance is the advantageous course." The emperor asked why it was advantageous. Di Shan replied: "Weapons are instruments of ill omen, not to be set in motion lightly. Emperor Gao set out to crush the Xiongnu but was besieged at Pingcheng. He thereupon concluded a marriage alliance. During the reigns of Emperor Hui and Empress Dowager Gao, the realm was at peace and the people content. When Emperor Wen turned his attention to the Xiongnu, the northern frontier was left desolate, ravaged by the hardships of war. Under Emperor Jing, the seven kingdoms led by Wu and Chu rebelled. Emperor Jing paced between the two palaces, his heart gripped with dread for months on end. After Wu and Chu were crushed, Emperor Jing never again spoke of war for the remainder of his reign, and the realm grew wealthy and prosperous." Now, since Your Majesty raised armies against the Xiongnu, the interior of the empire has been drained dry, and the people of the frontier are impoverished and in dire distress. Viewed from this perspective, a marriage alliance is the better course." The emperor turned to Zhang Tang, who replied: "This is a foolish pedant who knows nothing." Di Shan shot back: "I may be foolishly loyal, but the Imperial Secretary Zhang Tang is loyal only in pretense. When Zhang Tang handled the cases of Huainan and Jiangdu, he used the harshest legal interpretations to viciously denounce the feudal lords, drove apart flesh and blood, and left the vassal lords unable to sleep in peace. I know perfectly well that Zhang Tang's loyalty is nothing but pretense." At this the emperor's face darkened. "If I were to station you in a commandery," he said, "could you prevent the barbarians from raiding?" Di Shan replied: "I could not." "What about a single county?" "I could not." "Then what about a single border fortress?" Di Shan, sensing his arguments were exhausted and he would next be handed over to the judicial officials, replied: "That I can do." The emperor thereupon dispatched Di Shan to man a border fortress. After little more than a month, the Xiongnu cut off Di Shan's head and rode away. From that time on, the assembled ministers were struck dumb with terror.
20
Among Zhang Tang's associates was Tian Jia, who, though a merchant, was a man of upright character. In Zhang Tang's early days as a minor clerk, the two had financial dealings. After Zhang Tang rose to high office, Tian Jia would reproach him for lapses in moral conduct, displaying the spirit of a man of honor.
21
Zhang Tang served as Imperial Secretary for seven years before his downfall.
22
使 使 使
Li Wen of Hedong had once had a quarrel with Zhang Tang. Later, after becoming Vice Censor, Li Wen nursed his grudge and repeatedly seized upon court documents and cases that could be used against Zhang Tang, leaving him no room to maneuver. Zhang Tang had a favored clerk named Lu Yeju who was aware of his resentment. Lu Yeju had someone submit an anonymous accusation of Li Wen's criminal activities. The case was referred to Zhang Tang, who tried and executed Li Wen — knowing perfectly well that Lu Yeju had engineered the whole affair. The emperor asked: "Where did this accusation and its evidence originate?" Zhang Tang feigned surprise and replied: "This must have been the work of old acquaintances of Li Wen who bore a grudge against him." When Lu Yeju fell ill and lay bedridden at a neighbor's house, Zhang Tang personally went to visit him and even massaged his feet. The kingdom of Zhao relied on smelting and casting as its livelihood. The king frequently brought suit over matters involving the iron offices, and Zhang Tang consistently ruled against him. The King of Zhao set about uncovering Zhang Tang's secret misdeeds. Lu Yeju had once investigated the King of Zhao, and the king bore him a grudge. He submitted a memorial: "Zhang Tang is a great minister, yet when his clerk Lu Yeju fell ill, Zhang Tang went so far as to massage his feet. I suspect they are conspiring together in some grave crime." The case was referred to the Commandant of Trials. Lu Yeju died of his illness, but the case implicated his younger brother, who was arrested and held in the grain-processing office. Zhang Tang happened to be handling other prisoners at the grain-processing office. He saw Lu Yeju's brother and wished to secretly assist him, but pretended not to know who he was. Lu Yeju's brother, unaware of Zhang Tang's intentions, bore a grudge against him and had someone submit a memorial accusing Zhang Tang of conspiring with Lu Yeju to fabricate the case against Li Wen. The case was referred to Jian Xuan for investigation. Jian Xuan had once had a quarrel with Zhang Tang. Upon receiving this case, he pursued the investigation to its fullest, though he had not yet submitted his report. It happened that someone had stolen the burial money from Emperor Wen's funerary park. At court, Chancellor Qingdi had agreed with Zhang Tang that they would both take responsibility. But when the moment came, Zhang Tang reflected that only the Chancellor was responsible for the seasonal inspections of the park, and that he himself had no part in it. So he refused to apologize. The Chancellor apologized alone, and the emperor ordered the Censors to investigate. Zhang Tang sought to use the "obligation to report" statute to implicate the Chancellor. The Chancellor was deeply alarmed. The three Senior Clerks all bore grudges against Zhang Tang and wished to bring about his downfall.
23
使 使 使 使使簿 使 簿
The first of the Senior Clerks was Zhu Maichen, a native of Kuaiji. He was a student of the Spring and Autumn Annals. Zhuang Zhu had someone recommend Zhu Maichen to the emperor. On the strength of his mastery of the Songs of Chu, Zhu Maichen rose in favor alongside Zhuang Zhu, serving as an Attendant within the Palace and then as Grand Palace Grandee, wielding considerable influence. In those days, Zhang Tang was still a lowly clerk, kneeling and prostrating himself to let Zhu Maichen and his like pass before him. Later, when Zhang Tang became Commandant of Trials and took charge of the Huainan case, he brought about the downfall of Zhuang Zhu. Zhu Maichen, who had long nursed his resentment, was aggrieved. By the time Zhang Tang became Imperial Secretary, Zhu Maichen had advanced from being Governor of Kuaiji to serving as Commandant of Bestowing Nobility, ranked among the Nine Ministers. After several years, Zhu Maichen was dismissed for a legal offense and reduced to serving as a Senior Clerk. When he called upon Zhang Tang, Tang remained seated on his couch, and his assistant clerks treated Zhu Maichen without the least courtesy. Zhu Maichen, a proud man of Chu, nursed a bitter grudge and constantly wished for Zhang Tang's destruction. Wang Chao was a native of Qi. Through political maneuvering, he had risen to the rank of Right Prefect of the Capital. Bian Tong, a student of the arts of strategic persuasion, was a forceful, violent, and headstrong man who had twice served as Chancellor of Jinan. All three had formerly ranked above Zhang Tang, but after losing their positions, they were reduced to serving as Senior Clerks and had to humble themselves before him. Zhang Tang frequently acted in the Chancellor's stead and, knowing that these three men had once held distinguished rank, constantly humiliated and demeaned them. The three Senior Clerks therefore conspired together and said to the Chancellor: "At first Zhang Tang agreed to apologize alongside you, but then he betrayed you. Now he means to impeach you over the ancestral temple affair — he simply wants to take your place. We know Zhang Tang's secret misdeeds." They dispatched officials to arrest and investigate Zhang Tang's associate Tian Xin and others, alleging that whenever Zhang Tang was about to submit a policy memorial, Tian Xin would learn of it in advance, corner the relevant goods to enrich himself, and split the profits with Zhang Tang — along with other criminal dealings. The details of the case became widely known. The emperor confronted Zhang Tang: "Whatever policy I adopt, the merchants always learn of it in advance and corner the relevant goods. It appears that someone is leaking my plans to them." Zhang Tang offered no apology. Instead, he feigned surprise and said: "There must surely be such a person." At the same time, Jian Xuan submitted his report on the Lu Yeju affair. The Son of Heaven concluded that Zhang Tang had indeed harbored deceit and lied to his face. He dispatched eight successive envoys to interrogate Zhang Tang with documentary evidence. Zhang Tang gave a detailed denial of the charges and refused to confess. The emperor thereupon sent Zhao Yu to confront Zhang Tang. When Zhao Yu arrived, he rebuked Zhang Tang: "Why do you not understand your situation? How many men have you investigated and destroyed? Now the accusations against you are all substantiated. The Son of Heaven finds it difficult to subject you to a trial and wishes you to settle the matter yourself. Why insist on dragging this out at a formal hearing?" Zhang Tang then wrote a letter of final apology: "I, Zhang Tang, have not an inch of merit to my name. Rising from a petty clerk, I was graced by Your Majesty with elevation to the Three Excellencies. I have nothing with which to answer for my failings. Yet those who conspired to entrap me are the three Senior Clerks." And with that, he took his own life.
24
When Zhang Tang died, his family's entire estate was worth no more than five hundred catties of gold — all of it from his official salary and imperial gifts, with no other source of income. His brothers and sons wished to give him a lavish burial, but Zhang Tang's mother said: "Zhang Tang was a great minister of the Son of Heaven, yet he died under the stain of vile accusations. What need is there for a lavish burial?" He was carried to his grave on an ox-cart, with an inner coffin but no outer. When the Son of Heaven heard of this, he remarked: "Only such a mother could have borne such a son." He then had all three Senior Clerks investigated and executed. Chancellor Qingdi took his own life. Tian Xin was released from custody. The emperor mourned Zhang Tang's loss. The emperor gradually promoted Zhang Tang's son, Zhang Anshi.
25
Zhao Yu fell from office for a time but was subsequently appointed Commandant of Trials. Previously, the Marquis of Tiao had judged Zhao Yu dangerously severe and had refused to promote him. When Zhao Yu became Privy Treasurer, he at last ranked among the Nine Ministers. Zhao Yu had always been harsh and exacting. But in his later years, as affairs multiplied and officials competed in severity, his own governance grew comparatively lenient, and he came to be known for his fairness. Wang Wenshu and others who came after him governed with a cruelty that far exceeded Zhao Yu's. In his old age, Zhao Yu was transferred to the post of Chancellor of Yan. After several years, he was found guilty of misconduct, dismissed, and sent home. More than ten years after Zhang Tang's death, Zhao Yu died of old age at home.
26
Yi Zong was a native of Hedong. In his youth, he had joined Zhang Cigong in raiding and plundering as part of a bandit gang. Yi Zong had an elder sister named Xu who won the favor of Empress Dowager Wang through her skill as a physician. Empress Dowager Wang asked her: "Do you have any sons or brothers serving in office?" Her sister replied: "I have a younger brother, but he is of bad character. He would not be suitable." The Empress Dowager spoke to the emperor, who appointed Xu's younger brother, Yi Zong, as a Gentleman of the Palace and assigned him as a county magistrate in Shangdang Commandery. His governance was bold and decisive, with little room for leniency. The county had no backlog of cases, and he was rated first among his peers. He was promoted to Magistrate of Changling and then of Chang'an, enforcing the law without compromise and sparing neither the noble nor the wellborn. When he arrested and prosecuted Zhong, the son of Lord Xiucheng and grandson of the Empress Dowager through her daughter, the emperor was impressed by his boldness and promoted him to Commandant of Henei. Upon his arrival, he wiped out the powerful Rang clan and their associates. On the roads of Henei, no one so much as picked up what others had dropped. Meanwhile, Zhang Cigong likewise served as a Gentleman. Through his bravery and ferocity on campaign, daring to press deep into enemy territory, he won distinction and was enfeoffed as the Marquis of Antou.
27
使
Ning Cheng was at that time living in retirement, and the emperor wished to appoint him as a commandery governor. Imperial Secretary Gongsun Hong objected: "When I was a minor official east of the mountains, Ning Cheng was Commandant of Jinan. His governance was like a wolf set to herd sheep. Ning Cheng must not be placed in charge of the people." The emperor therefore appointed Ning Cheng as Commandant of the Pass instead. After a little over a year, the officials and commoners from the eastern commanderies passing through the pass had a saying: "Better to face a tigress nursing her cubs than to cross Ning Cheng in a rage." Yi Zong was transferred from Henei to serve as Grand Administrator of Nanyang. He had heard that Ning Cheng was living in Nanyang. When Yi Zong passed through the gate, Ning Cheng sidled up to welcome and escort him, but Yi Zong, full of high spirits, showed him no courtesy. Upon reaching the commandery, he launched an investigation of the Ning clan and utterly destroyed their household. Ning Cheng was convicted of crimes, and the Kong and Bao clans and their associates all fled. The officials and people of Nanyang walked on tiptoe, scarcely daring to breathe. Zhu Qiang of Pingshi, Du Yan, and Du Zhou served as Yi Zong's trusted enforcers. They were appointed to positions of authority and later promoted to Court Clerks. The army had launched several campaigns from Dingxiang, and the officials and people there had fallen into disorder. Yi Zong was therefore transferred to serve as Grand Administrator of Dingxiang. Upon his arrival, Yi Zong rounded up over two hundred prisoners in Dingxiang who had committed serious crimes but were only lightly detained, along with over two hundred friends and relatives who had slipped into the prison to visit them. He arrested and tried them all in a single sweep, charging them with "aiding the escape of capital criminals." On that single day, over four hundred people were sentenced and put to death. Afterward, the entire commandery trembled though it was not cold, and even the most cunning of the populace rushed to assist the officials in keeping order.
28
使 使
By this time, Zhao Yu and Zhang Tang had already risen to the rank of the Nine Ministers through their severe methods, yet their governance was comparatively moderate, using the law as a guide. Yi Zong, however, governed like a hawk swooping down upon its prey. Later, with the introduction of the five-zhu coin and the white-metal currency, the people turned to crime — particularly in the capital. Yi Zong was thereupon appointed Right Prefect of the Capital, and Wang Wenshu was made Commandant of Justice. Wang Wenshu was extremely ruthless. Whenever he took action without first consulting Yi Zong, Yi Zong would invariably pull rank on him and sabotage his efforts. Under their governance, the number of those executed was enormous, yet they achieved only a semblance of order. Crime continued to multiply beyond control, and it was at this time that the system of Imperial Commissioners was first established. Officials made execution, slaughter, and imprisonment their chief business. Yan Feng was put to use precisely for his cruelty. Yi Zong was incorruptible, and his style of governance echoed that of Zhi Du. The emperor visited the Dinghu Palace and fell ill for an extended period. When he eventually recovered and set out for the Ganquan Palace, he found much of the road in disrepair. The emperor said in fury: "Does Yi Zong think I shall never travel this road again?" He bore a grudge against him from that moment. When winter came, Yang Ke was collecting reports of concealed wealth. Yi Zong considered this a disruption to the people and dispatched his officials to arrest those serving as Yang Ke's agents. When the Son of Heaven heard of this, he sent Du Shi to investigate. Yi Zong was found guilty of obstructing and sabotaging state affairs and was executed in the marketplace. A year later, Zhang Tang likewise met his end.
29
使
Wang Wenshu was a native of Yangling. In his youth, he robbed graves for a living. Later he was appointed as a district head on a trial basis, but was dismissed several times. As an official, he rose through handling legal cases to the rank of Court Clerk. He served under Zhang Tang and was promoted to Censor. He oversaw the suppression of bandits and thieves, killing and wounding a great many. He was gradually promoted to Commandant of Guangping. He selected over ten bold and capable men from among the local strongmen of the commandery to serve as his enforcers. He held evidence of their secret crimes and turned them loose to suppress bandits and thieves, letting them indulge their every desire. Even if these men committed a hundred crimes, he would not prosecute them; but if any tried to evade his orders, he would use the evidence against them to destroy them, wiping out their entire clan. As a result, the bandits of the Qi and Zhao borderlands dared not venture near Guangping, and the commandery gained the reputation that not a thing was picked up from its roads. When the emperor heard of this, he promoted Wang Wenshu to Grand Administrator of Henei.
30
During his time in Guangping, he had already identified all the powerful criminal families in Henei. He set out for his new post and arrived in the ninth month. He ordered the commandery to furnish fifty private horses and established a relay post from Henei to Chang'an. He deployed his officials using the same tactics as in Guangping and arrested the powerful and lawless families of the commandery. Over a thousand families were implicated through the system of collective guilt. He memorialized the emperor requesting that the worst offenders be executed along with their entire clans, the lesser offenders put to death, and all their family property confiscated to make restitution. His memorials reached the capital in no more than two or three days and received prompt approval. When the sentences were carried out, blood flowed for more than ten li. All of Henei marveled at the speed with which his memorials were answered, calling it supernaturally swift. By the end of the twelfth month, the commandery had fallen silent. No one dared go out at night, and in the countryside there were not even thieves for the dogs to bark at. Some of the fugitives escaped to neighboring commanderies and kingdoms. When spring arrived, Wang Wenshu stamped his feet and sighed: "Alas! If only winter had lasted one month longer, I could have finished the job!" Such was his love of killing and wielding authority, with no regard for human life. The Son of Heaven, hearing of this and considering him capable, promoted him to Commandant of Justice. His methods followed the same pattern as in Henei. He transferred notorious and ruthless officials to serve under him — from Henei came Yang Jie and Ma Wu; from within the passes, Yang Gan and Cheng Xin, among others. Yi Zong was at that time serving as Prefect of the Capital, and Wang Wenshu, fearing him, did not yet dare give free rein to his methods. After Yi Zong's death and Zhang Tang's disgrace, Wang Wenshu was transferred to the post of Commandant of Trials, while Yin Qi became Commandant of Justice.
31
使
Yin Qi was a native of Chiping in Dong Commandery. Through his clerical work, he was gradually promoted to the rank of Censor. He served under Zhang Tang, who frequently praised him for his integrity and forcefulness and assigned him to suppress bandits and thieves. In carrying out executions, he spared neither the noble nor the wellborn. He was promoted to Commandant of Guannei, where his fearsome reputation surpassed even that of Ning Cheng. The emperor considered him capable and promoted him to Commandant of Justice. Under his rule, the officials and people grew ever more wretched and broken. Yin Qi was rigid and lacking in finesse. The powerful and corrupt officials went into hiding, while honest officials found themselves unable to govern effectively. As a result, many matters fell through, and Yin Qi was convicted of offenses. The emperor once again transferred Wang Wenshu to the post of Commandant of Justice, while Yang Pu, known for his severity and cruelty, was appointed Commandant of Bestowing Nobility.
32
使
Yang Pu was a native of Yiyang. He entered government service through the military rank of a Thousand-man. The Governor of Henan examined his record, recommended him as capable, and he was promoted to Censor and assigned to suppress bandits and thieves east of the passes. His methods of governance resembled those of Yin Qi; he was considered bold and resolute in action. He was gradually promoted to the rank of Commandant of Bestowing Nobility, joining the Nine Ministers. The Son of Heaven considered him a man of ability. When Nanyue rebelled, he was appointed General of the Towered Ships. He distinguished himself in the campaign and was enfeoffed as the Marquis of Jiangliang. He was arrested and bound by Xun Zhi. Some time later, he died of illness.
33
缿
Wang Wenshu was once again appointed Commandant of Justice. He was a man of little refinement. At court he appeared dull and tongue-tied, but once in the role of Commandant of Justice, his mind came fully alive. In suppressing bandits and thieves, he drew on his long familiarity with the customs of the Guanzhong region and his knowledge of the local strongmen and corrupt officials. He put all these men back to work as agents in his schemes. His officials conducted rigorous investigations. Young toughs and petty thieves dropped denunciations into the bounty boxes, informing on criminals. He appointed patrol leaders throughout the districts to monitor and track down criminals, bandits, and thieves. Wang Wenshu was by nature a flatterer who curried favor with those in power; those without power he treated like slaves. The crimes of powerful families might be piled high as mountains, yet he would not touch them; but those without power, even if they were of noble birth, he invariably oppressed and humiliated. He twisted the law to craft ingenious accusations against the petty swindlers among the poor, using them to strike fear into the great and powerful. Such was his manner of governing as Commandant of Justice. Those he deemed cunning and lawless were prosecuted to the bitter end. Nearly all of them rotted away in prison, and of those sentenced, not one emerged alive. His enforcer-officials were tigers wearing the caps of men. Within the Commandant's jurisdiction, all the middling and petty criminals were cowed into submission. The powerful, meanwhile, spread favorable reports of his reputation and praised his governance. After several years of his rule, many of his officials grew wealthy through the power they wielded.
34
When Wang Wenshu returned from the campaign against the Eastern Yue, certain of his proposals displeased the emperor. He was convicted of a minor legal infraction and dismissed from office. At that time, the Son of Heaven wished to build the Tower Reaching to Heaven but lacked the labor force. Wang Wenshu proposed reviewing the Commandant's military rolls for deserters and managed to round up tens of thousands of men to put to work. The emperor was delighted and appointed him Privy Treasurer. He was transferred to the post of Right Prefect of the Capital. He governed in his usual fashion, and crime was scarcely kept in check. He was convicted of a legal offense and stripped of his post. He was reappointed as Right Assistant and given charge of the Commandant of Justice's duties. He carried on exactly as before.
35
祿
After about a year, when the army was dispatched against Dayuan, an imperial edict summoned powerful officials for service. Wang Wenshu concealed his subordinate Hua Cheng from the call-up. Then someone submitted an accusation that Wang Wenshu had accepted bribes from cavalrymen, along with other corrupt dealings. His crimes warranted the execution of his entire clan, and he took his own life. At the same time, his two brothers and the families of two in-laws were each independently convicted of separate crimes and had their clans wiped out. The Counselor of the Palace, Xu Ziwei, remarked: "How tragic! In ancient times, the punishment of the three clans was considered extreme. Yet Wang Wenshu's crimes brought about the simultaneous destruction of five clans!"
36
滿
When Wang Wenshu died, his family estate was worth several thousand catties of gold. Several years later, Yin Qi likewise died of illness while serving as Commandant of Huaiyang. His family estate was worth less than fifty catties of gold. He had put a great many people to death in Huaiyang, and upon his death, the families of his victims wanted to burn his corpse. The body had to be spirited away and taken back in secret for burial.
37
使 使祿 滿 使
After Wang Wenshu and his ilk made cruelty their governing principle, the commandery governors, commandants, and officials of two-thousand-picul rank throughout the feudal kingdoms who aspired to effective governance all modeled themselves on Wang Wenshu. Yet officials and common people alike grew ever more contemptuous of the law, and bandits and thieves multiplied. In Nanyang there arose Mei Mian and Bai Zheng; in Chu, Yin Zhong and Du Shao; in Qi, Xu Bo; and in the lands between Yan and Zhao, Jian Lu, Fan Sheng, and their kind. The largest bands numbered in the thousands. They assumed their own titles, assaulted cities and towns, seized weapons from the armories, freed condemned prisoners, bound and humiliated the Grand Administrators and Commandants, killed officials of two-thousand-picul rank, and issued proclamations ordering the counties to provide them with food. The smaller bands numbered in the hundreds, and those who plundered the villages and countryside were beyond counting. The Son of Heaven first dispatched the Vice Censor and the Chancellor's Senior Clerk to oversee the suppression efforts. Yet still they could not suppress the disorder. The emperor then dispatched the Counselor Grandee Fan Kun, the various Assistant Commandants, and the former Nine Minister Zhang De — all wearing embroidered garments and bearing the imperial tally and tiger tallies — to mobilize troops and launch attacks. In the major campaigns, more than ten thousand heads were sometimes taken. Those executed under the law for harboring or providing food to the bandits, along with those implicated through collective guilt across the commanderies, numbered in the thousands. After several years, the ringleaders were at last captured. Scattered soldiers and fugitives would regroup, form new bands, and take refuge among the mountains and rivers, gathering together everywhere. Nothing could be done about them. Thereupon the "Law of Sunken Fates" was enacted, which decreed that if bandit gangs arose and went undetected, or were detected but not captured in the required numbers, all officials responsible — from those of two-thousand-picul rank down to the humblest clerk — would be put to death. After this, minor officials feared for their lives and dared not report bandits even when they knew of them, lest they fail to meet their capture quotas and be punished. The higher offices, in turn, instructed them to keep silent. As a result, bandits and thieves multiplied. Officials at every level covered for one another and used the letter of the law to evade its enforcement.
38
使 使 使
Jian Xuan was a native of Yang. On account of his ability as an Assistant Clerk, he was assigned to serve in the Governor's office in Hedong. General-in-Chief Wei Qing, on a mission to purchase horses in Hedong, noticed Jian Xuan's ability and recommended him to the emperor. He was summoned to the capital to serve as Vice Director of the Imperial Stables. He proved efficient in handling official affairs and was gradually promoted to Censor and then Vice Censor. He was assigned to handle the case of Zhufu Yan and the Huainan rebellion case. Through subtle legal manipulation and severe accusations, he put a great many to death and earned the reputation of being bold in resolving doubtful cases. He was dismissed and reinstated several times, serving as Censor and Vice Censor for nearly twenty years in all. When Wang Wenshu was dismissed from the post of Commandant of Justice, Jian Xuan was appointed Left Prefect of the Capital. His governance was meticulous to the last detail. Affairs both great and small all passed through his own hands. He personally organized the county departments and their inventories, forbade every official from county magistrate to clerk from acting independently, and bound them all with the harshest laws. After several years in office, the entire commandery achieved a measure of order and efficiency. Yet only Jian Xuan's personal force of will could build so much from so little — it was a system impossible to sustain as a permanent model. He was eventually dismissed. While serving as Right Fufeng, he bore a grudge against Cheng Xin. When Cheng Xin fled and hid in the Shanglin Park, Jian Xuan ordered the Magistrate of Mei to hunt him down and kill him. In the fighting, the soldiers' arrows struck the gate of the Shanglin Park. Jian Xuan was turned over to the judicial officials and charged with a capital crime — deemed guilty of high treason, warranting the execution of his entire clan. He took his own life. Meanwhile, Du Zhou rose to prominence.
39
使
Du Zhou was a native of Duyan in Nanyang. When Yi Zong served as Governor of Nanyang, he used Du Zhou as one of his enforcers and recommended him for the position of Clerk to the Commandant of Trials. He served under Zhang Tang, who frequently commended his ability. He was promoted to the rank of Censor. He was dispatched to investigate losses and desertions on the frontier. The number he prosecuted and put to death was enormous. His memorials consistently met with the emperor's approval. He was given increasing responsibilities and, alternating with Jian Xuan, served as Vice Censor for over ten years.
40
His methods of governance resembled Jian Xuan's, yet he was deliberate and unhurried. Outwardly he appeared lenient, but inwardly his severity cut to the bone. When Jian Xuan served as Left Prefect of the Capital and Du Zhou as Commandant of Trials, Du Zhou's methods largely followed Zhang Tang's example, though he excelled above all in watching and waiting. Whomever the emperor wished to destroy, he would duly entrap; whomever the emperor wished to release, he would hold in prison for a long time under the pretense of continued investigation, then subtly bring to light the signs of their innocence. A guest once rebuked Du Zhou: "You adjudicate cases on behalf of the Son of Heaven, yet you do not follow the three-foot tablets of the law, but decide cases solely according to the ruler's wishes. Is this truly how justice should be administered?" Du Zhou replied: "And where do you suppose those three-foot laws come from? What the former ruler approved was written into statute; what the present ruler approves is issued as decree. What matters is what the ruler deems right at the time. What need is there for ancient laws?"
41
By the time Du Zhou served as Commandant of Trials, the number of cases initiated by imperial decree had grown enormously. Among the imprisoned officials with salaries of two thousand shi, old and new cases overlapped endlessly, and the count never fell below a hundred. Commandery officials and the great prefectures referred cases to the Commandant of Trials, and the number reached over a thousand in a single year. In the major cases, several hundred people were arrested and investigated as connected parties; in the minor ones, several dozen; suspects were summoned from as far as several thousand li away, and the nearest from several hundred. When the prisoners were gathered for trial, the officials pressed charges according to the original accusations. If anyone refused to confess, they were beaten and flogged until they submitted. And so, anyone who heard that arrests were coming would flee and go into hiding. The longest-held prisoners languished through several amnesties over more than ten years, continuing to denounce one another. Most were ultimately charged with crimes of "violating the Way" or worse. The Commandant of Trials and the central government offices arrested sixty to seventy thousand people under imperial decree; supplementary arrests by officials swelled the total to over a hundred thousand.
42
Du Zhou was dismissed at one point, but later served as Commandant of the Palace Guard. While pursuing bandits, he arrested and harshly investigated Sang Hongyang and the nephews of Empress Wei's brothers. The emperor considered him a man who gave his utmost without personal bias, and promoted him to the rank of Imperial Secretary. His two sons each served as governor, one on either side of the Yellow River. Their brutality and cruelty in governance surpassed even that of Wang Wenshu and his like. When Du Zhou was first summoned to serve as a court clerk, he owned but a single horse, and even that one was not sound; yet by the time he had risen through long service to the rank of the Three Excellencies, his sons and grandsons held high positions, and his family's wealth had accumulated to tens of millions.
43
便
The Grand Historian remarks: From Zhi Du to Du Zhou, all ten of these men built their reputations on harshness and severity. Yet Zhi Du was forthright and upright, distinguishing right from wrong, and contended for the greater principles of the realm. Zhang Tang understood the subtle interplay of light and shadow, rising and falling in step with the sovereign, frequently debating the merits and faults of state policy. The empire benefited from his competence. Zhao Yu, for his part, held fast to the law and maintained his integrity. Du Zhou was a sycophant who cultivated an air of gravity by speaking little. After Zhang Tang's death, the net of law grew ever tighter, accusations and penalties ever harsher, and the business of government gradually fell into decay and ruin. The Nine Ministers toiled away in their posts, barely managing to cover their own errors. How could they have found the leisure to concern themselves with anything beyond the strict letter of the law! Yet among these ten men, the upright ones served as worthy models, and the corrupt as cautionary examples. In their strategies of governance, their guidance and instruction, their suppression of wickedness and prohibition of evil, every one of them displayed, in their own way, a refined balance of the civil and martial virtues. Though they were harsh and cruel, they proved themselves worthy of the positions they held. As for Feng Dang, Governor of Shu, who brutally crushed the people; Li Zhen of Guanghan, who took it upon himself to dismember prisoners; Mi Pu of Dongjun, who sawed through necks; Luo Bi of Tianshui, who tortured all he interrogated; Chu Guang of Hedong, who killed without cause; Wu Ji of Jingzhao and Yin Zhou of Fengyi, venomous as vipers and fierce as hawks; and Yan Feng the Comptroller of Waters, who extorted confessions through beatings — are they even worth enumerating! They are not even worth enumerating!
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