He was focused on his Senate career, which required a broad base of support, and gave speeches during the convention promoting compromise and unity.[56]
After the 1836 election, Tyler thought his political career was over, and planned to return to private law practice. In the fall of 1837 a friend sold him a sizable property in Williamsburg. Unable to remain away from politics, Tyler successfully sought election to the House of Delegates and took his seat in 1838. He was a national political figure by this point, and his third delegate service touched on such national issues as the sale of public lands.[57]
Tyler's successor in the Senate was William Cabell Rives, a conservative Democrat. In February 1839, the General Assembly considered who should fill that seat, which was to expire the following month. Rives had drifted away from his party, signalling a possible alliance with the Whigs. As Tyler had already fully rejected the Democrats, he expected the Whigs would support him. Still, many Whigs found Rives a more politically expedient choice, as they hoped to ally with the conservative wing of the Democratic Party in the 1840 presidential election. 