In July 1861, Congress authorized President Abraham Lincoln to call out 500,000 men, to serve for three years unless sooner discharged.

Fairbanks' second choice was 2nd Lt. Edwin H. Stoughton, U.S. Army, an 1859 graduate of the United States Military Academy in the 6th U.S. Infantry.

After Charles Stoughton was discharged for wounds, Foster became the final commander of the regiment, and Pingree was promoted to lieutenant colonel.

It was engaged with the brigade and the Sixth Corps in a movement against the Weldon Railroad, and was thrown out in front under command of Major Pratt, with a battalion of the eleventh.

The enemy broke through the line with a strong force, and surrounded and captured seven officers and 137 men of the Fourth, as well as almost the entire battalion of the Eleventh.

The officers so captured were Major Pratt, Captains Chapin and Boutin, and Lieutenants Carr, Fisher, Needham and Pierce.

Among the killed was Captain William C. Tracy, of Co. G. His dead body was found on the field next day, stripped of arms, watch, money and boots, and surrounded by the muskets of his men, showing that he had rallied his company around him, and that they threw down their arms only when their gallant leader had fallen.