So far this biography of Wharton lists 2 Col. Terrys.. The original commander of the 8th. Cavalry was Benjamin Terry who was killed in 1861. Then there was a Col. David Terry who Baylor was going to place in command in 1865.
George Wythe Baylor was a bitter enemy of David S. Terry. It is rumored that Wharton wanted David Terry promoted to a Bgde Cdr instead of Baylor & that was the argument that caused Baylor to shoot John Wharton to death at Magruder's Hqs in Galveston.
Colonel David S Terry [former Supreme Judge in California]-
Judge David S. Terry had unsuccessfully tried in May 1862 to raise 1500 troops in California to reinforce the CS cause in Arizona. Kerby's
Confederate Invasion of New Mexico & Arizona, 1861-1862
Life of David S. Terry: Edited by Alexander E. Wagstaff
After the battle of Chickamauga, he proceeded to Texas, in company with Major S. B. Brooks & Duncan Beaumont, & they formed a Regt of conscripts, & he was chosen Col & Brooks as Lt Col.
The following is from
SW Historical Quarterly online Vol 062-When war came, David S. Terry after the death of his brothers B.F. & Clint-Left the west to join the Confederacy. Terry returned to Texas via Mexico then went to Richmond, where he was given a Col’s commission & authority to raise a Regt of Texans.
On his return to Texas, he stopped off at Chickamauga to fight in the battle with Terry's Texas Rangers. The reminder of his career was spent in Texas.
2/4/64 Richmond, Sec of War Seddon to K Smith-This will be handed you by Judge L. W. Hastings, late of California, who has received from the President a commission as major to raise troops in Arizona, & been authorized to proceed in the execution of the plan for the recruitment of troops in California or Arizona, & the occupation of the latter, as far as practicable, which was referred by you to the consideration of the Dept.
It is not contemplated to expend in the scheme a larger sum of money than can be conveniently raised by the exportation of some few hundred bales of cotton into Mexico, which will be managed by Major Hart or some other officer you may entrust with the duty. With the proceeds, which should be enough to furnish Major Hastings with some $10,000 or $12,000 in specie Thuds, & likewise to forward from the fort in Mexico the recruits who may be induced to engage in the enterprise to some rendezvous in Arizona, Major Hastings & a disbursing officer, to be selected by yourself, will go to the selected port. There the disbursing officer will remain, on some plausible pretext, while Major Hastings will proceed to California.
He is confident of his ability to engage 500 or more men, ostensibly as miners, to come out, armed & equipped at their own expense, & to report to the officer left in Mexico on the pledge that they will be paid for their arms & equipment & forwarded to the point of rendezvous. They should, of course, preserve throughout the character of a mining association, & be careful to do no act violative of neutrality with Mexico, or to so muster & collect as to raise the suspicions of the emissaries of the enemy who may be in Mexico. When assembled in sufficient numbers they will proceed to Arizona & commence their operations for the seizure & occupation of the country.
It would be well if men are procured freely from California, that some able & enterprising officer of superior rank to Major Hastings should be selected & sent by you to command the expedition. Meantime, when men begin to come in from California, so as to afford a reasonable prospect of success, a selected few of them, or some other special agents acquainted with Arizona, should he sent forward into that Territory to engage co-operation & prepare the friends of the South for action at the proper time. I must rely on you to select the proper assistants & officers in this matter, or to commit it to some officer on whom you can rely.
I should be pleased if a gentleman of the known character & spirit of
Judge Terry would undertake its guidance. While the loyalty & general intelligence of Major Hastings are appreciated, it is felt that he has little military experience, & is rather to be relied on to recruit & get men from California than to conduct & execute the whole plan. You will give to Major Hastings full instructions as to his course of procedure. I cannot well do so without knowing how far you can command means, & may deem it advisable to unite others with him in the performance of his proposed duties. Well conducted, I believe the plan expedient & feasible; but much must depend on the discretion, intelligence, & enterprise of the selected agent
10/21/64 Shreveport, H. Beaumont, Chief QM's Office, Trans-Miss Dept to Hon. S. H. Darden, Richmond: In the proposition which I submit through you to the Sec of War, I will state that Col Terry recommended it very strongly last spring & proposed with his friends to furnish the cotton which was required, & if the Dept would permit he was desirous at the proper time to take the command himself...
[Enclosure]
10/21/64 Shreveport, Henry Beaumont to Sec Seddon-I have the honor to submit the following: The importance to the Confederacy of occupying & holding the route to the Pacific through the Territory of Arizona is so great that it scarcely needs more than a mention in this connection to assure it of its proper consideration. The honorable Sec needs not to be told that in addition to securing us this thoroughfare, aside from the vast mineral wealth which that country possesses & which was in
a rapid process of development just before the war, it will furnish, I have further to submit that under these impressions in Feb last, acting under the advisement of
Col D. S. Terry, late supreme judge of the State of California, & under whose directions we propose to proceed, I, in conjunction with my brother, Duncan Beaumont, also as Judge Terry, a citizen of California for many years, had the honor to submit to Gen Smith, cdg this Dept, a proposition looking to the securing this very Territory & any other advantages connected therewith which might be developed in the course of the operations we proposed…
Our proposition was simply to go into the State of Sonora, in Mexico adjoining the Territory of Arizona, &, from among the large numbers of miners & other adventurers who we were well advised had congregated there, to recruit men for the CS Army. Among the thousands whom we knew were in these new & rich mines of Sonora & Arizona we were well satisfied that we could raise at least 1,000 men for the service of the CS. To enable us to bring these men to the limits of the Confederacy, where they could be mustered in, we proposed to use our own means to the extent of 1,200 to 1,500 bales of cotton…This proposition, although considered favorably by Gen’ls Smith & Magruder, was finally rejected for the reason that Major Hastings, with authority from the War Dept, was going out on a similar mission.
Since Major Hastings has failed to go out into that country as anticipated, & there seems now to be nothing whatever doing toward asserting our claim to that territory, I would respectfully request that the Sec of War authorize me in the proper form to proceed to Eagle Pass, in Texas, & take entire charge of the recruiting service for the Confederacy north & west of Eagle Pass, & under general instructions from Judge (now Col) Terry, of the C. S. Army, proceed or send suitable officers…I would ask that authority be procured for me from the Sec of the Treasury to export 1,500 bales of cotton… I would ask that all men I may thus raise shall be Cav & be under the command of Col D. S. Terry. I would further ask that I have the power to name all officers under me, & that they shall not be elected.
March 1865 Regimental Return notes Terry’s Regt was stationed in Austin County,
Col D. S. Terry was appointed & confirmed by election, July 6, 1864,
assigned to the 2nd Bgde, Maxey's Infy Div, April 1865
March-May 1865
Bee
22nd Tex DC Bn
31st Tex DC
Terry’s Tex DC
Border’s Tex DC
3/22/65 GALVESTON WEEKLY NEWS-we leave Houston today for Hempstead, to report to Judge Terry, who, we are told, is at that place
3/27/65 Wharton to Gen Walker-Terry’s & Likens’ Regt have been dismtd. The troops could not have behaved
[more [?] splendidly-[no desertion]...
Maj Davis goes to Houston to get the guns [?] that were turned in by the Cav Regts you dismtd. Please give any necessary order. He will also make inquiry about the 700 pistols you wrote me about…
Post-war-The most famous post-war exodus was that led by Gen J.O. Shelby. Among those with him were Dan Showalter, old "Chiv" friend Justice David S. Terry, ex-Arizona Congressman Granville H. Oury, Maj F.E. Kavanaugh, & their families.