Calls by the legislature for Magoffin's resignation had begun as early as September 30, 1861. On August 16, 1862, Magoffin declared his willingness to resign on the condition that he be allowed to choose his successor. Because Lieutenant Governor Linn Boyd had died in office in 1859, Speaker of the Senate John F. Fisk was next in line for the governorship. Magoffin refused to accept Fisk as his successor, so Fisk resigned as speaker and the senate elevated Magoffin's choice, James F. Robinson, to speaker. Magoffin resigned as governor on August 18, 1862, and Robinson assumed the office of governor for the remainder of Magoffin's term.