The 71st Pennsylvania was organized in August 1861 by Oregon Senator Edward D. Baker, composed of 15 companies instead of the standard 10.

Although raised from residents of Philadelphia, it was initially designated the 1st Regiment, California Volunteer Infantry in deference to Baker's wishes.

After his death at the Battle of Ball's Bluff in October 1861, it was renamed the 71st Regiment, Pennsylvania Volunteer Infantry.

That evening, it was briefly sent to Culp's Hill but was quickly ordered to retreat from the line by its Colonel, Richard P. Smith, who remarked that "he would not have his men murdered".

During Pickett's Charge, the enemy did indeed come "too close", and Kochersperger withdrew the 71st from the line after a few volleys.

Gen. Alexander S. Webb managed to rally the regiment near the 72nd and 106th Pennsylvania, but was unable to convince any of the three units to counterattack at first.