The Biography of Lord Shang, Eighth

The Lord of Shang was a son of a concubine of the ruler of the state of Wei. His personal name was Yang, and his clan name was Gongsun. His ancestors originally bore the surname Ji. In his youth, Gongsun Yang was fond of the study of penal law and administrative methods. He served as a junior steward (zhong shu zi) to Gongshu Cuo, the chief minister of the state of Wei. Gongshu Cuo recognized his abilities but had not yet had the opportunity to recommend him to the king of Wei. Just then, Gongshu Cuo fell ill. King Hui of Wei personally went to inquire about his condition and said, “If, unfortunately, your illness should take a turn for the worse, what will become of the state?” Gongshu replied, “My junior steward, Gongsun Yang, though young, possesses extraordinary talent. I hope Your Majesty will entrust the affairs of the state to him.” King Hui of Wei remained silent after hearing this. As the king was about to leave, Gongshu Cuo dismissed those around him and said, “If Your Majesty does not intend to employ Gongsun Yang, then you must certainly put him to death. Do not let him leave the state of Wei.” King Hui of Wei agreed and departed. Gongshu Cuo then summoned Gongsun Yang and apologized, saying, “Just now, the king inquired about a suitable candidate for chief minister. I recommended you, but from the king’s expression, I could see he did not agree with me. Acting on the principle of putting my lord first and my subordinate second, I then told the king that if he did not employ you, he should kill you. The king has consented to this. You must leave quickly, or you will be seized.” Gongsun Yang said, “Since the king could not adopt your advice to employ me, how could he adopt your advice to kill me?” In the end, he did not leave. After King Hui of Wei departed, he said to his attendants, “Gongshu is gravely ill. How pitiful! He wanted me to entrust the state to Gongsun Yang—is that not utterly absurd!”

After Gongshu Cuo died, Gongsun Yang heard that Duke Xiao of Qin had issued an order throughout the state seeking worthy men, wishing to restore the hegemony of Duke Mu of Qin and to recover the lost territories to the east. So he traveled west into the state of Qin and sought an audience with Duke Xiao of Qin through the duke’s favored minister, Jing Jian. Duke Xiao of Qin received Wei Yang (as Gongsun Yang was now called, after his adopted state) and discussed affairs with him for a long time, but the duke frequently dozed off and did not listen. After the audience, Duke Xiao angrily reprimanded Jing Jian, saying, “Your guest is nothing but a wild and ignorant man! How is he worthy of employment?” Jing Jian then blamed Wei Yang. Wei Yang said, “I tried to persuade the ruler with the Way of emperors and kings, but his mind has not yet been awakened.” Five days later, Jing Jian again requested that Wei Yang be allowed to see Duke Xiao. Wei Yang met the duke once more and spoke in greater depth, yet it still did not strike the duke’s heart. Afterward, Duke Xiao again reprimanded Jing Jian, and Jing Jian also reproached Wei Yang. Wei Yang said, “I tried to persuade the ruler with the Way of true kingship, but he has not yet accepted it. Let me see him once more.” Wei Yang again saw Duke Xiao, who thought his words were good, but did not employ him. After the audience, Wei Yang left. Duke Xiao said to Jing Jian, “Your guest is quite good. He is worth conversing with.” Wei Yang said, “I tried to persuade the ruler with the Way of the hegemon. His intention seems inclined to adopt it. If he truly sees me again, I will know what to do.” Wei Yang again had an audience with Duke Xiao. As the duke conversed with him, unconsciously he moved his knees forward to the front of his mat. For several days they talked without any sign of weariness. Jing Jian said, “With what did you move our ruler? Our ruler is extremely pleased.” Wei Yang said, “I tried to persuade the ruler with the Way of emperors and kings and the governance of the Three Dynasties, but the ruler said, ‘That is too distant. I cannot wait. Moreover, a worthy ruler makes his name known in his own generation. How could I gloomily wait for decades or centuries to achieve the enterprise of emperors and kings?’ So I then advised the ruler with strategies for strengthening the state, and the ruler was greatly delighted by this. However, in this way, it will be difficult to compare with the virtue of the Yin and Zhou dynasties.”

After Duke Xiao of Qin employed Wei Yang, Wei Yang wished to reform the laws, but he feared that people throughout the realm would criticize him. Wei Yang said, “He who hesitates in action will not attain fame; he who wavers in affairs will not achieve success. Moreover, he who has conduct surpassing the ordinary is inevitably criticized by the vulgar world; he who has unique insights is inevitably ridiculed by the common people. Foolish people are still unable to understand even after a matter has been accomplished; wise people can foresee it before it has even sprouted. One cannot plan the beginning of a matter with the common people, but one can share the joy of success with them. He who speaks of the highest virtue does not conform to the vulgar; he who achieves great merit does not consult the multitude. Therefore, if a sage can make the state strong, he does not imitate the old laws; if he can benefit the people, he does not follow the old rites.” Duke Xiao said, “Good.” Gan Long said, “That is not so. A sage does not transform the people by altering their customs; a wise man does not govern the state by changing the laws. By following the people’s customs to instruct them, one achieves success without effort; by adhering to the old laws to govern, officials are familiar with them and the people are at peace.” Wei Yang said, “What Gan Long says is the talk of the vulgar world. Common people are content with old customs, and scholars are immersed in what they have heard. Such people may be used to hold office and observe the laws, but they are not sufficient to discuss matters beyond the old laws. The three dynasties of Xia, Shang, and Zhou all had different rites, yet each became king over the realm; the five hegemons of the Spring and Autumn period had different laws, yet each achieved hegemony. Wise men create laws; foolish men are constrained by them. Worthy men change rites; unworthy men are bound by them.” Du Zhi said, “Without a hundredfold profit, do not change the laws; without tenfold effect, do not replace the implements. To imitate antiquity is to commit no error; to follow the old rites is to deviate in nothing.” Wei Yang said, “There is no single method for governing the world; as long as it benefits the state, one need not imitate antiquity. Therefore, King Tang of Shang and King Wu of Zhou did not follow the ancient ways yet became kings; Jie of Xia and Zhou of Yin did not change the old rites yet lost their states. Those who oppose antiquity should not be criticized, and those who follow the old rites are not worthy of praise.” Duke Xiao said, “Good.” Thereupon, he appointed Wei Yang as Left Chief of the Masses (zuo shu zhang) and finally established the laws for reform.

He ordered the people to be organized into groups of ten and five households, mutually supervising and reporting on each other, with collective responsibility. Those who did not report wicked people were punished by being cut in two at the waist; those who reported wicked people received the same reward as those who cut off enemy heads; those who concealed wicked people received the same punishment as those who surrendered to the enemy. Among the people, if two or more adult males lived together without dividing the household, their taxes were doubled. Those with military merit each received the appropriate higher ranks according to standard; those who fought for private reasons were each punished with penalties of varying severity according to the circumstances. Those who diligently engaged in agriculture and weaving, and produced large amounts of grain and cloth, were exempted from their own corvée labor. Those who engaged in commerce for profit or became poor due to laziness were all taken as government slaves. Members of the royal and noble clans who had no military merit to their name were not allowed to be entered into the clan registers. He made clear the grades of nobility, rank, and salary, and each person occupied fields and residences according to their grade. The specifications for slaves, clothing, and other items were also set according to each household’s rank. Those with merit were honored and glorified; those without merit, even if rich, had no place to display their splendor.

The laws had already been fully drawn up but had not yet been promulgated. Wei Yang, fearing that the people would not trust him, therefore erected a three-zhang-long wooden pole at the south gate of the market in the capital and recruited among the people anyone who could move it to the north gate, offering a reward of ten gold pieces. The people found this very strange and no one dared to move it. He then announced again, “Whoever can move it will be rewarded with fifty gold pieces.” One person moved the pole, and he was immediately given fifty gold pieces, thereby demonstrating that there was no deception. Subsequently, the laws were promulgated.

After the laws had been in effect among the common people for one year, thousands of people from the state of Qin came to the capital to say that the new laws were inconvenient. At this time, the crown prince violated the laws. Wei Yang said, "The laws cannot be implemented because those above violate them." He prepared to punish the crown prince according to the law. The crown prince was the heir to the ruler and could not be subjected to punishment, so he punished the crown prince's tutor, Gongzi Qian, and had the character for "crime" tattooed on the face of the crown prince's teacher, Gongsun Jia. The next day, the people of Qin all obeyed the laws. After the laws had been in effect for ten years, the people of Qin were very pleased. Items dropped on the road were not picked up, there were no bandits in the mountains, every household was wealthy, and every person was well-supplied. The people were brave in fighting for the state and timid in private quarrels, and both the cities and the countryside achieved good order. Among those people of Qin who had initially said the new laws were inconvenient, some later came to say the laws were convenient. Wei Yang said, "These are all people who disturb the (teachings and transformation)." He moved them all to border towns. After this, no one among the people dared to discuss the laws anymore.

Then Duke Xiao of Qin appointed Wei Yang as Grand Commandant (Daliangzao). Wei Yang led troops to besiege Anyi of Wei and forced its surrender. After three years, he built the Watchtower (Jique) and palace at Xianyang, and the state of Qin moved its capital from Yong to Xianyang. He also issued an order forbidding fathers, sons, and brothers from living together in the same room. He merged small townships and villages into counties, appointing county magistrates and assistant magistrates, totaling thirty-one counties. He straightened the field paths and boundaries to make taxes equitable. He standardized the measurements of the dou, hu, weight, balance, zhang, and chi. After four years, Gongzi Qian again violated the prohibitions, and Wei Yang punished him with the cutting off of his nose. After five years, Qin became wealthy and strong. The Son of Heaven of Zhou bestowed sacrificial meat on Duke Xiao of Qin, and the feudal lords all came to congratulate him.

The following year, Qi defeated the army of Wei at Maling, captured Wei's crown prince Shen, and killed General Pang Juan. Another year later, Wei Yang advised Duke Xiao of Qin, saying: "The relationship between Qin and Wei is like a person suffering from a disease of the heart and abdomen. Either Wei will annex Qin, or Qin will annex Wei. Why is this? Wei is located west of the mountain strongholds, with its capital at Anyi. It borders Qin along the Yellow River and alone occupies the advantageous terrain east of the Xiao Mountains. When the situation is favorable, it invades Qin to the west; when unfavorable, it withdraws eastward. Now, thanks to your majesty's wisdom and sage virtue, the state has become strong. Last year, Wei was heavily defeated by Qi, and the feudal lords have all turned against it. We can take this opportunity to attack Wei. Wei will not be able to withstand Qin and will surely move eastward. Once Wei moves east, Qin can occupy the strategic terrain of the Yellow River and the mountain passes, and from there control the feudal lords to the east. This is the enterprise of a true king." Duke Xiao of Qin thought this was very correct and sent Wei Yang to lead an army to attack Wei. Wei sent Prince Ang to lead the army to meet the attack. After the two armies faced each other, Wei Yang wrote a letter to the Wei general Prince Ang, saying: "In the past, I was on good terms with you. Now we are each generals of our respective states, and I cannot bear to attack you. I propose that we meet face to face, make a covenant, drink heartily, and then withdraw our troops, so as to bring peace to both Qin and Wei." Prince Ang of Wei thought this was very appropriate. After the covenant was concluded, while they were drinking, Wei Yang's ambushed soldiers suddenly attacked and captured Prince Ang, then took advantage of the situation to attack the Wei army, defeating it decisively before returning to Qin. King Hui of Wei's army had been repeatedly defeated by Qi and Qin, the state's treasury was empty, and its strength was daily declining. He was greatly frightened, so he sent an envoy to cede the lands west of the Yellow River to Qin in exchange for peace. Wei then left Anyi and moved its capital to Daliang. King Hui of Liang said, "I regret that I did not follow Gongshu Cuo's advice." After Wei Yang returned from defeating Wei, Qin granted him the fifteen towns of Yu and Shang as a fief, and his title became Lord Shang (Shangjun).

Shang Yang served as Chancellor of Qin for ten years, and many among the royal clan and noble families resented him. Zhao Liang had an audience with Shang Yang. Shang Yang said, "I came to know you through Meng Lan'gao's introduction. Now I wish to befriend you—is that permissible?" Zhao Liang replied, "I dare not hope for such an honor. Confucius once said: 'Promote worthy men, and those who rally to you will come; gather the unworthy, and those who would rule as true kings will depart.' I am an unworthy man, so I dare not accept your command. I have also heard: 'To occupy a position not rightfully one's own is called coveting power; to possess a reputation not rightfully earned is called coveting empty fame.' If I were to follow your generous intent, I fear I would become one who covets power and empty fame. Therefore, I dare not accept your invitation." Shang Yang said, "Do you not approve of how I govern Qin?" Zhao Liang said, "To heed opposing views is called wisdom; to examine oneself is called insight; to master oneself is called strength. The sage emperor Shun once said: 'Humbling oneself leads to being honored by others.' You would do well to follow Shun's way of governance, rather than questioning me." Shang Yang said, "In the beginning, Qin's customs were like those of the Rong and Di barbarians—fathers and sons had no distinctions and lived together in the same chambers. Now I have changed their customs, making men and women separate, and I have built grand watchtowers, transforming Qin to resemble the states of Lu and Wei. How do you compare my governance of Qin with that of the Five-Gong Doctor?" Zhao Liang said, "A thousand sheepskins are not worth a single fox's armpit; a thousand men nodding in agreement are not worth one man speaking out bluntly. King Wu of Zhou flourished because of blunt remonstrance, while King Zhou of Yin perished because his ministers remained silent. If you do not oppose the way of King Wu, may I speak bluntly all day without being blamed—is that acceptable?" Shang Yang said, "There is a common saying: 'Flattering words are flowers; sincere words are fruit; bitter words are good medicine; sweet talk is disease.' If you, sir, are truly willing to speak bluntly all day, that will be my good medicine. I shall take you as my teacher—why must you decline!" Zhao Liang said, "The Five-Gong Doctor was a man from a remote region of Chu. Hearing that Duke Mu of Qin was worthy, he wished to seek an audience but had no travel funds. So he sold himself to a merchant of Qin, dressed in coarse clothes, and fed cattle. After a year, Duke Mu learned of this and promoted him from beneath the ox's mouth, placing him above the common people, and no one in Qin dared resent him. He served as Chancellor of Qin for six or seven years, campaigned eastward against Zheng, thrice installed rulers of Jin, and once averted disaster for Chu. Within the borders, he spread, and the people of Ba came to pay tribute; he extended kindness to the feudal lords, and the eight Rong tribes all submitted. You Yu heard of this and came to seek an audience at the pass. When the Five-Gong Doctor served as Chancellor, he did not ride in a carriage when weary, did not use an umbrella in the summer heat, went about the capital without attendant vehicles or weapons, stored his achievements in the archives, and left a legacy of virtue to later generations. When the Five-Gong Doctor died, the men and women of Qin all wept, children stopped singing, and those pounding grain ceased their work songs. Such was the virtue of the Five-Gong Doctor. Now you gained an audience with the King of Qin through the favor of the eunuch Jing Jian—this is not a way to make a name for yourself. As Chancellor, you did not prioritize the people's affairs but instead built grand watchtowers—this is not a way to achieve merit. You punished the prince's tutor with the tattoo, inflicted harsh penalties on the people, and thus stored up resentment and disaster. Transforming the people through education penetrates deeper than commands; the people imitate their ruler more swiftly than they execute decrees. Now you have defied established principles and altered institutions—this is not a way to educate the people. Moreover, you face south and call yourself 'the orphan,' daily binding the noble sons of Qin with the law. The Book of Songs says: 'Look at the rat—it has a body; yet a man has no propriety. If a man has no propriety, why does he not quickly die?' From the words of the Book of Songs, this is not a way to long life. Prince Qian has been confined at home for eight years, and you have killed Zhu Huan and tattooed Gongsun Jia. The Book of Songs says: 'He who wins the people's hearts prospers; he who loses them perishes.' These matters are not ways to win the people's hearts. When you go out, tens of vehicles follow behind, loaded with weapons; strong and brawny men ride as outriders, and men bearing long spears and short halberds run beside the chariots. If any of these are missing, you absolutely refuse to go out. The Book of Documents says: 'He who relies on virtue flourishes; he who relies on force perishes.' Your danger is like the morning dew—do you still seek to prolong your years? Why not then return the fifteen cities, go to a remote place to irrigate vegetable gardens, urge the King of Qin to employ recluses from the mountains and forests, provide for the elderly, care for orphans, honor fathers and elder brothers, reward according to merit, and respect the virtuous—thus you might find a measure of peace. If you still covet the wealth of Shang and Yu, monopolize Qin's government and teachings, and amass the people's resentment, once the King of Qin dies and no longer holds court, will there be few in Qin who wish to deal with you? Your downfall could come as quickly as lifting your heel." Shang Yang did not heed this advice.

Five months later, Duke Xiao of Qin died, and the Crown Prince ascended the throne. The faction of Prince Qian accused Shang Yang of plotting rebellion, and officials were sent to arrest him. Shang Yang fled to the border pass, seeking lodging at an inn. The innkeeper, not knowing he was Shang Yang, said, "According to Lord Shang's law, if anyone lodges a guest without proper credentials, the innkeeper is to be punished with joint liability." Shang Yang sighed deeply and said, "Alas! The harm of making laws has come to this!" He then left Qin and went to Wei. The people of Wei resented him for deceiving Prince Ang and defeating the Wei army, and refused to take him in. Shang Yang wanted to go to another state. The people of Wei said, "Shang Yang is a fugitive from Qin. Qin is powerful, and if a fugitive enters Wei without being sent back, it will not do." So they returned Shang Yang to Qin. After returning to Qin, Shang Yang fled to the town of Shang, mustered his followers among the townspeople, and marched north to attack Zheng. Qin sent troops to attack Shang Yang, killing him at Mianchi in Zheng. King Hui of Qin had Shang Yang torn apart by chariots as a public warning, saying, "Let no one rebel like Shang Yang!" Then he exterminated Shang Yang's entire family.

The Grand Historian says: Shang Yang was by nature a harsh and unfeeling man. When we examine how he initially used the arts of kings to seek the trust of Duke Xiao of Qin, it was merely through inflated rhetoric, not his true nature. Moreover, he gained his position through a favored courtier. Once employed, he punished Prince Qian, deceived the Wei general Prince Ang, and ignored Zhao Liang's advice—this sufficiently shows Shang Yang's lack of virtue. I once read Shang Yang's works "Opening the Blocked" and "On Agriculture and War," and they closely resemble his actions. In the end, he earned a bad name in Qin—and for good reason!

Wei Yang entered Qin, relying on Jing Jian's introduction. The kingly way was not adopted, but the hegemonic arts found favor. Governance must be reformed—how could ritual and law cling to old ways? Having deceived the Wei general, he also incurred Qin's resentment. How he made the laws, even the inns refused him lodging!