elected as a republican to the united states senate upon readmission of alabama to the union, spencer served from july 13, 1868, to march 4, 1879. he was appointed a commissioner of the union pacific railroad with help from his previous leader, major general dodge. in 1877, he married prominent actress "may" nunez, the niece and namesake of one-armed confederate general william wing loring. the couple then spent two years on a ranch in nevada tending to mining interests before settling in washington, dc, about 1880.