Governor Stevenson resigned his office to accept a seat in the U.S. Senate, and the remainder of his term was filled by President Pro Tem of the Senate Preston Leslie. When Leslie, who enjoyed only lukewarm support from his party, sought the Democratic gubernatorial nomination in 1871, Brown's name was among those put in nomination against his; after a few ballots, however, it became clear that Brown would not be able to gain a majority, and his supporters abandoned their support of him in favor of other candidates. The following year, Brown was re-elected to the House of Representatives by an overwhelming vote of 10,888 to 457 and was allowed to assume his seat. He was twice re-elected, serving until 1877.