Attorney Edward J. Gurley organized the regiment at Waco, Texas, in August 1862 and elected its colonel.

Many men enlisted to escape the shame of being swept up by the Confederate Conscription Act, while others preferred to join the cavalry rather than serve in the infantry.

[1] In August 1863, the unit was reassigned to Smith P. Bankhead's cavalry brigade and ordered to march to Indian Territory.

[2] In March 1864, the bulk of the regiment raided Roseville, Arkansas, where Federal supplies were destroyed.

After returning to Indian Territory, the regiment helped destroy a Union wagon train at Cabin Creek.