During his period of retirement Mr. Fitzpatrick had remained in vital touch with the existing issues of the time, and his powers were solidified in his rural retreat, so that on his return to public life he was far more amply equipped. This was at once manifest in his first message to the legislature, which message by the breadth of its statesmanship stamped him one of the foremost publicists of the state, and he easily succeeded himself in the governor's chair without opposition. So exceptional had been his dual administration that a joint resolution of the general assembly approved his course as governor throughout, as well as himself personally. He retired from the office of governor crowned with the laudations of his countrymen. Repairing to his plantation, he was summoned by Governor Chapman to the assumption of the United States senatorship to fill the unexpired term of Dixon H. Lewis. He was appointed again to fill the unexpired term of the Hon. William R. King, and in 1855 was elected by the Alabama legislature to the federal senate for a period of six years. It was during this period of his career that the highest honor of the senate was conferred on Mr. Fitzpatrick, as he was chosen by that body as president pro tempore. In 1860, the second place on the national ticket with Stephen A. Douglas, was tendered Senator Fitzpatrick, but this he declined because of his disagreement with Mr. Douglas on his "squatter sovereignty" doctrine. This indicates that Senator Fitzpatrick was not a secessionist, for he shared in the views of other eminent southern leaders that secession was not the remedy to cure the grievances of which he insisted the South justly complained. But, like those with whom he shared in sentiment respecting secession, this did not deter him from sympathy with the cause of the South. In every way he contributed to the cause of the South when once the clash came. Yielding his convictions, he continued a southern patriot, and when the others of the South withdrew from Congress, he sundered his relation from the federal government as a senator, and ardently espoused the cause of his section. The last public function of Senator Fitzpatrick was that of the presidency of the constitutional convention of Alabama in 1865. While always preserving a cheerful demeanor, there is little doubt that the results of the war, in the complete wreckage of the industrial system of the South greatly preyed on his spirit. He died when he was about seventy years old.