The regiment was recruited from Pasquotank, Edgecombe, Hertford, Bertie, Currituck, and Beaufort counties in northeastern North Carolina. W. F. Martin was the regiment's colonel, with George W. Johnson as lieutenant colonel and Henry A. Gilliam as major. The regiment was captured in August 1861 at the Battle of Hatteras Inlet Batteries. After being held prisoners of war at Fort Columbus on Governors Island in New York harbor and Fort Warren in Boston harbor and the survivors of the regiment were exchanged, it was reorganized with Martin remaining colonel, John C. Lamb becoming lieutenant colonel, and Thomas H. Sharp becoming major. In this second organization several companies were infused with reinforcements, including Company L which included new enlistments of many older men from Cabarrus, Union and Stanly counties.