I went back to the CSRs for the regiment and found in Lt. Col Brooks file the following:

Hdqrs. Dist. Tex. New Mex & Ariz., Houston Feb. 1, 1864

S.O. 32, par #3

By virtue of authority dated Aug. 24, 1862, from the Hon. Secy. of War, to Judge D. S. Terry to raise a Regiment from non-conscripts to be enlarged with a Brigade, if he can effect it, in the Trans Miss. Dept. said troops to be of either Infantry or Cavalry and Judge D.S. Terry has authorized Maj. S. H. Brooks, late of California and more recently of the personal Staff of Maj. [sic] Cheatham to recruit for said Brigade a battalion of such troops, to be armed and mustered into the service for the war, under the order above referred to.

Maj. Brooks is hereby authorized to proceed in the execution of the order from Judge Terry to recruit for said brigade.

W.A. A.

Brooks, a Native of Tennessee. Late Comptroller of the State of California and
Vol. A.D. C. to Gen. Cheatham

This reminded me that a rumor existed in 1861 that President Jefferson Davis had "promised the post of Governor of Nevada to Judge David S. Terry and everyone realized the value of Nevada gold and silver would have to the southern cause."

Then, in my files I recovered this interesting biographical sketch of Judge David Smith Terry.

http://www.terrystexasrangers.org/biographical_notes/t/terry_ds.html

George Martin