Fairbanks was an unsuccessful candidate for election to the United States Senate in 1893. He was appointed a member of the United States and British Joint High Commission which met in Quebec City in 1898 for the adjustment of Canadian questions.. He was elected as a Republican to the United States Senate in 1896 and reelected in 1902, and served from March 4, 1897 until his resignation March 3, 1905, having been elected Vice President of the United States. He was Chairman of the Committee on Immigration and the Committee on Public Buildings and Grounds. He was elected Vice President of the United States in 1904 on the Republican ticket with Theodore Roosevelt and served from March 4, 1905, to March 3, 1909. He was an unsuccessful candidate for Vice President of the United States on the Republican ticket with Charles E. Hughes for President in 1916.
Fairbanks resumed the practice of law in Indianapolis, where he died. He was intered in Crown Hill Cemetery.
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