Through December, Foraker worked to try to retain his Senate seat, which required action by the Ohio legislature in the era before direct election of senators. His rivals were Burton and the President-elect's brother, former congressman Charles Phelps Taft, though near the end of the contest, former lieutenant governor Warren G. Harding asked for his name to be considered. Both Foraker and Burton opposed Charles Taft's call for a caucus of the Republican legislators to determine the party's candidate. On December 29, President Roosevelt weighed in on the question. Roosevelt "lost no time in putting the Republican members of the Ohio legislature on notice that to re-elect Mr. Foraker to the Senate would be regarded as nothing less than treason to the party". Roosevelt accused Foraker of seeking to make a bargain with the Democrats to secure his re-election in exchange for a Democratic replacement for Dick in 1911. Faced with this presidential intervention and Charles Taft's withdrawal from the race, Foraker saw no path to victory and conceded on December 31. The Republican caucus two days later selected Burton, whom the legislators duly selected on January 12.