The Delaware legislature re-elected Bayard to the Senate for a third term in 1881 without serious opposition. The Senate in the 47th Congress was evenly divided between Republicans and Democrats, with the new vice president, Arthur, holding the tie-breaking vote. After spending the special session of March 1881 in an intra-Republican Party fight over the confirmation of Garfield's cabinet nominees, the Senate went into recess until October. By that time, Garfield had been assassinated and Arthur was president. When the Senate reconvened, the Democrats held the majority briefly, and Bayard was elected president pro tempore on October 10; Republicans regained the majority three days later as Republican latecomers arrived and were sworn in, and David Davis took over the office.