Both Sumner and Wilson opposed the appointment of General Butler to the command of the Massachusetts Volunteers, and preferred Caleb Gushing, who afterwards proved to be a more satisfactory member of the Republican party than Butler; but, on the whole, Andrew would seem to have acted judiciously. They were both bold, ingenious and quick-witted men, but it is doubtful if Gushing possessed the dash and intrepidity which Butler showed in dealing with the situation at Baltimore. That portion of his military career was certainly a good success, and how far he should be held responsible for the corrupt proceedings of his brother at New Orleans I do not undertake to decide.
It is likely that Governor Andrew regretted his choice three weeks later, when General Butler offered his services to the Governor of Maryland to suppress a slave insurrection which never took place, and of which there was no danger then or afterwards. A sharp correspondence followed between the Governor and the General, in which the latter nearly reached the point of insubordination. For excellent reasons this was not made public at the time, and is little known at the present day; but General Butler owed his prominence in the war wholly to Governor Andrew's appointment.
Another little-known incident was Andrew's action in regard to the meeting in memory of John Brown, which was held on December 2, 1861, by Wendell Phillips, F. B. Sanborn and others, who were mobbed exactly as Garrison was mobbed thirty years earlier. The Mayor would do nothing to protect them, and when Wendell Phillips went to seek assistance from Andrew the latter declined to interfere. It would be a serious matter to interfere with the Mayor, and he did not feel that the occasion demanded it. Moreover he considered the celebration at that time to be prejudicial to the harmony of the Union cause. Phillips was already very much irritated and left the Governor's office in no friendly mood. Andrew might have said to him: "You have been mobbed; what more do you want? There is no more desirable honor than to be mobbed in a good cause."
Governor Andrew's appointments continued to be so favorable to the Democrats that Martin F. Conway, the member of Congress from Kansas, said: "The Governor has come into power with the help of his friends, and he intends to retain it by conciliating his opponents." It certainly looked like this; but no one who knew Andrew intimately would believe that he acted from interested motives. Moreover it was wholly unnecessary to conciliate them. It is customary in Massachusetts to give the Governor three annual terms, and no more; but Andrew was re-elected four times, and it seemed as if he might have had as many terms as Caius Marius had consulships if he had only desired it.
His object evidently was to unite all classes and parties in a vigorous support of the Union cause, and he could only do this by taking a number of colonels and other commissioned officers from the Democratic ranks. For company officers there was no better recommendation to him than for a young man to be suspended, or expelled, from Harvard University. "Those turbulent fellows," he said, "always make good fighters, and," he added in a more serious tone, "some of them will not be greatly missed if they do not return." The young aristocrat who was expelled for threatening to tweak his professor's nose obtained a commission at once.
Another case of this sort was so pathetic that it deserves to be commemorated. Sumner Paine (named after Charles Sumner), the finest scholar in his class at Harvard, was suspended in June, 1863, for some trifling folly and went directly to the Governor for a commission as Lieutenant. Having an idea that the colored regiments were a particular hobby with the Governor, he asked for a place in one of them; but Andrew replied that the list was full; he could, however, give him a Lieutenancy in the Twentieth Massachusetts, which was then in pursuit of General Lee. Sumner Paine accepted this, and ten days later he was shot dead on the field of Gettysburg. Governor Andrew felt very badly; for Paine was not only a fine scholar but very handsome, and, what is rare among hard students, full of energy and good spirits.
Governor Andrew tried a number of conclusions, as Shakespeare would call them, with the National Government during the war, but the most serious difficulty of this kind resulted from Secretary Stanton's arbitrary reduction of the pay of colored soldiers from thirteen to eight dollars a month. This, of course, was a breach of contract, and Governor Andrew felt a personal responsibility in regard to it, so far as the Massachusetts regiments were concerned.
He first protested against it to the Secretary of War; but, strange to say, Stanton obtained a legal opinion in justification of his order from William Whiting, the solicitor of the War Department. Governor Andrew then appealed to President Lincoln, who referred the case to Attorney- General Bates, and Bates, after examining the question, reported adversely to Solicitor Whiting and notified President Lincoln that the Government would be liable to an action for damages. The President accordingly referred this report to Stanton, who paid no attention whatever to it.
Meanwhile the Massachusetts Legislature had passed an act to make good the deficiency of five dollars a month to the Massachusetts colored regiments, but the private soldiers, with a magnanimity that should never be forgotten, refused to accept from the State what they considered due them from the National Government. At last Governor Andrew applied to Congress for redress, declaring that if he did not live to see justice done to his soldiers in this world he would carry his appeal "before the Tribunal of Infinite Justice."
Thaddeus Stevens introduced a bill for the purpose June 4,1864, and after waiting a whole year the colored soldiers received their dues. Andrew declared in his message to Congress that this affair was a disgrace to the National Government; and I fear we shall have to agree with him. [Footnote: At this time there were not less than five thousand officers drawing pay in the Union armies above the requisite proportion of one officer to twenty-two privates.]