After Governor Fish had retired from office he did not openly seek the nomination to be elected U.S. Senator. However, Fish's supporters, the William H. Seward-Thurlow Weed Whigs, in January 1851 nominated him as a candidate for U.S. Senator. A deadlock ensued over his nomination because one New York legislature Whig Senator was upset about Fish not publicly supporting the Compromise of 1850. Before the election Fish had only stated government should enforce the laws. Although Fish did not favor the spread of slavery he was hesitant to support the free soil movement. Finally, when two Democratic Senators who were against Fish's nomination were conspicuously absent, the Senate took action and voted. On March 19, 1851, Fish was elected a U.S. Senator from New York and he took his seat on December 1, serving alongside future Secretary of State William H. Seward.