Virginia by 1869 was essentially a military zone.
Gilbert C. Walker was elected as governor in this year and ushered in a moderate conservatism, with
Whiggish roots. The new General Assembly ratified the
Fourteenth and
Fifteenth Amendments to end
Reconstruction and also elected two people as representatives for the U. S. Senate, including Johnston. He was to serve the unexpired portion of a six-year term that started in March 1865. Johnston received a letter from
William Mahone, sent on October 18, 1869, that he must go to Richmond "without fail, by the first train. You are Senator." Johnston was one of the few Virginia men eligible to hold office: at the time, anyone who had fought for, or served, the former Confederacy was ineligible to hold office under the Fourteenth Amendment until their "political disabilities" were removed by Congress by a two-thirds vote. Johnston's were removed because word had reached the local Abingdon
Freedmen's Bureau officer that he had helped care for an elderly former slave, Peter, who had passed through Abingdon on his way to
Charlotte County, Virginia from
Mississippi. The Norfolk and Western Railroad passed from Johnston's house, and former slaves used the tracks as a guide to return home from where they had been sold. In the summer of 1865 Johnston aided many with food and shelter, and in August of that year he found Peter near death in a stable near the railroad; Johnston carried him to the house, where he stayed at least a month. When Peter regained enough strength he told his story, which Johnston later wrote down and is now kept with his papers at
Duke University. Peter had been a slave of a Mr. Read in Charlotte County, a neighbor of
John Randolph. He had been sold (apparently because of Read's debts) to a trader, leaving behind a wife and young daughter to work a cotton field for thirty-five years in Mississippi. When he was freed, Peter walked from Mississippi until he reached Abingdon in his quest to return home. Johnston wrote: "It was evident to me and my wife that all our care could not rebuild that worn-out body, and that death was near at hand. He weakened rapidly ... His life was weary, toilsome, and full of trouble. But surely the Lord has rewards for such as he, and will give him rest in all eternity, and permit him to see Susy and his Mammy and Daddy." Peter died of tuberculosis. The Freedmen's Bureau agent wrote to Congressman
William Kelley of Pennsylvania requesting the removal of Johnston's disabilities because of his charity.
Overview Johnston went to Washington in December in hopes that Virginia would be readmitted to the Union. It was, however, not until January 26, 1870, that Virginia was readmitted; Johnston was able to take his seat shortly afterward. The delay was due to a Congressional need to pass an act that would allow Virginia representation in the body. Later, he was in the process of signing a document put before him, but without having read it. This was the
ironclad oath, that required all white males to swear they had never borne arms against the Union or supported the Confederacy. If the senator sitting next to Johnston,
Thomas F. Bayard of
Delaware, had not noticed, Johnston would likely have been "disgraced ... forever in the eyes of the people of Virginia". The oath had been deemed unconstitutional in 1867, but its use was not effectively ended until 1871. At this time, Johnston was the only senator who had sided with the Confederacy—all the rest were either Northerners by birth or had been "Union men". There were only 10 Democrats at the time out of 68 senators. There was speculation that Johnston might side with the Republicans and "turn traitor to his party and state ... for patronage" based on a letter he had written to the new Virginia governor. These doubts were settled when Johnston declined a formal invitation to join the Republican caucus and went to a joint meeting of House and Senate Democrats; it was declared that "a Conservative in Virginia was a democrat in Washington". He was also chairman of the Committee on Agriculture during the
Forty-sixth Congress.
Arlington Memorial controversy On December 13, 1870,
Thomas C. McCreery (D) of
Kentucky introduced a resolution regarding the
Arlington House, the former home of the Confederate leader
Robert E. Lee, that brought down a firestorm of objections. Arlington House had been captured by Union forces during the Civil War and its grounds were used as a cemetery for 16,000 soldiers by the end of the war. The resolution called for an investigation to establish its ownership and the possibility of returning it to
Mrs. Robert E. Lee. In addition, McCreery proposed the government fix up the premises, return any
Washington relics discovered, and determine whether a suitable location nearby existed to relocate the dead. Johnston described the excitement caused as the most pronounced he would see in his thirteen years in the Senate. It put him in "the most painful and embarrassing position of my life". He was up for re-election, and the opposing candidates used his position against him. A delegation from the
Virginia General Assembly travelled to Washington to talk with the Democrats and assess the situation and were satisfied by the reports they received. Later, Johnston made a speech on behalf of Mrs. Lee and her Memorial proposal. His first attempt to speak was objected to and he was denied permission. Near the end of the session, when an unrelated bill was under discussion, Johnston made a motion related to it and then used the opportunity, which was allowed to Senators, to make his speech; this caused "great indignation and impatience on the floor". The Lee family and their advisors desired that the "true facts about the sale of Arlington and the nature of her claim to the property, should be placed before the country" so that, if found in her favor, she could receive compensation and then donate the property to the government. Eventually the
Supreme Court of the United States did find in the family's favor in 1882.
Texas-Pacific Bill When Johnston was up for re-election in 1877, he was involved in the controversial Texas-Pacific Bill, a battle between Northern and Southern railroad interests. Johnston was opposed to Tom Scott's
Texas and Pacific Railway, and the bill, which favored Scott's interests. Scott was trying to persuade Southern states to accept his railroad so that they would subsequently appoint senators who would vote for the bill. Johnston's seat was vulnerable if Scott succeeded in influencing the Virginia legislature, as it was known that he opposed the bill. As Johnston wrote in a letter, "... what I have done about the Pacific road is before the people and I cannot recall it if I would. It would not be policy to retreat from my position nor am I inclined to do so, if was policy. I thought & I think that I was right & am therefore ready to take the consequences. I intend to fight it out on that line." William Mahone worked to prevent his re-election. Most Southern states went along with Scott, but Virginia and Louisiana did not, and Johnston was re-elected.
Funder and Readjuster debate Another issue that marked Johnston's career was the Funder vs. Readjuster debate. Funders maintained that the state was obligated to pay back its entire pre-War debt, whereas the Readjusters suggested differing, lesser figures, regarding how much was owed. The controversy culminated in the end of the Conservative Party in Virginia and the formation of the
Readjuster Party and the
Democratic Party. William Mahone was chosen as head of the Readjusters and they gained control of the state legislature in 1879, but not the governorship. The legislature then elected Mahone as the successor to Democrat
Robert E. Withers in the U. S. Senate. However, without a sympathetic governor, they could not enact their reforms. Their next chance came in the election of 1881; their aim was to elect a governor, but most importantly to maintain control of the state legislature, since it would elect "a successor to the Hon. John W. Johnston ..." Their party succeeded and the legislature elected prominent Readjuster, and Mahone's "intimate friend",
Harrison H. Riddleberger to replace Johnston, eighty-one to forty-nine. ==Death and legacy==