張釋之馮唐列傳

Zhang Shizhi, the Chief Justice, was a man of Duyang. He discoursed at length on why Qin fell and Han rose. Emperor Wen commended him.

The Emperor once inspected the Imperial Park and asked the superintendent about the animals' registry; the superintendent could not answer a single question. A lower keeper standing nearby answered every query in detail. Emperor Wen said: "Should not all officials be like this?" and ordered the keeper promoted to Superintendent of the Park. Zhang Shizhi objected: "The Marquis of Jiang and the Marquis of Dongyang are esteemed as worthy men, yet they can barely get a word out. Should they emulate this keeper's glib, rapid-fire chatter? Moreover, Qin promoted clerks who competed to be the most swift, harsh, and meticulous, but the result was mere paperwork with no substance. I fear the realm will follow the wind and compete to be eloquent without substance." Emperor Wen said: "You are right." He withdrew the appointment.

When the Emperor's procession crossed the central Wei bridge, a man suddenly ran out from underneath, startling the imperial horses. The Chief Justice judged the case: one man had violated the processional route; the penalty was a fine. Emperor Wen was furious: "This man nearly spooked my horses to death, and the Chief Justice imposes a mere fine?" Zhang Shizhi replied: "The law is what the Son of Heaven shares with the entire realm. If the law says this and you make it heavier, the law will lose the people's trust. Had Your Majesty wished, you could have had him killed on the spot. But once the case was sent to the Chief Justice, the Chief Justice is the balance of the realm. If the balance tips, the entire realm's use of law will become arbitrary — where will the people put their hands and feet?" After a long pause, the Emperor said: "The Chief Justice's ruling is correct."

Later, a man stole a jade ring from the seat in Emperor Gao's ancestral temple. The Emperor was enraged and sent the case to the Chief Justice. Zhang Shizhi judged it by statute: theft of imperial temple furnishings merited execution at the market. The Emperor was furious: "I sent this case to you intending the man's entire clan be destroyed!" Zhang Shizhi said: "The law as it stands is sufficient. If you exterminate the clan for stealing a temple vessel, and then, just suppose, some fool scoops up a handful of dirt from the Changling tomb — how will Your Majesty increase the punishment beyond what has already been spent?" After a long time, Emperor Wen discussed it with the Empress Dowager and accepted the Chief Justice's ruling.

Feng Tang's grandfather was from Zhao. Emperor Wen once sighed: "If only I had Lian Po and Li Mu as my generals — why would I worry about the Xiongnu?" Feng Tang said: "With respect, Your Majesty! Even if you had Lian Po and Li Mu, you would not be able to use them." The Emperor was furious and withdrew. After a long pause, he summoned Feng Tang to explain. Feng Tang said: "I have heard that Li Mu, as Zhao's frontier general, used all the revenue from the military markets to reward his troops. He was given full authority and held responsible only for results. That is why Li Mu could fully deploy his genius. Now I hear that Wei Shang, Governor of Yunzhong, likewise uses all military market revenue to feed his soldiers. When the barbarians raided, Wei Shang led his cavalry against them and killed many. But the soldiers are all farm boys — what do they know of military paperwork? They fight all day, take heads and capture prisoners, then report their tally to headquarters. One discrepancy in the count, and the clerks punish them by the book. Rewards never come, but penalties are always enforced. I believe Your Majesty's regulations are too strict, rewards too meager, and punishments too severe." Emperor Wen was pleased. That very day he sent Feng Tang with the imperial staff to pardon Wei Shang.