Tamerlane (Ham) William Whiting Davies II
from "Old Nick", March, 2008 - submitted by Editor Bob Chope
The first half of the nineteenth century was a turbulent time for our young Republic. Its future was not yet certain. Our forefathers suffered another war with the former Mother County in 1812, westward expansion clear to the Pacific Coast in search of gold, a war with Mexico, absorption of the first major waves of immigrants, periodic economic upheavals, and the moral crisis of slavery. No test of the endurance of our Republic during the first half of the nineteenth century was more challenging, its outcome more uncertain, than the Civil War or, if you prefer, the War Between the States.
The Civil War was the climax of an ideological divide that tore families apart, while completely destroying the fortunes of others whose property stood in the path of advancing armies. The popular view of the cause of the Civil War is the Northern States' opposition to slavery, an institution particular to our southern states by the dawn of the nineteenth century. Although the slavery issue certainly was of importance to many American social reformers, it was not the single cause, or even the principal cause, of the secession of the southern states from the Union. The causes of the Civil War began before the War of Independence with the divergence of cultural and different paths of economic development between the northern and southern colonies. The northern states were dominated by small farms, shipping concerns, merchants and a growing fishing industry. The southern states were principally agrarian, supported by artisans, professionals produced by an excellent educational system and the cheap labor provided by slavery. Another important characteristic of antebellum Southern culture was its strong military tradition, inherited from its English noble roots.
Decisions made on battlefields do not by themselves force the sudden abandonment of the loser's culture. In the case of the Old South, however, the ruling class was so devastated by the Civil War that continuation of its cultural values and restoration of its economy to accommodate the new realities of Reconstruction could not be effectively accomplished. The South fell upon hard times that lasted well into the twentieth century. Out of adversity some exceptional people managed to not only survive, but achieve impressive accomplishments. Based on what is being revealed about Tamerlane William Whiting Davies II, he was such a person.
The nickname most commonly encountered in references to Tamerlane is "Ham." Occasionally we also find his friends and family calling him "Tom." We can only speculate as to the origin of his "Ham" nickname. Possibly his family shortened his first name to "Tam" for ease of pronunciation and a younger sibling mispronounced it as "Ham" and it followed him throughout his life. Regardless, it is an interesting and unusual nickname.
Ham was born in Bedford County, Virginia in 1838, being baptized on October 21 of this year. He was the third child born to the union of Henry Landon Davies, II and Mary Adaline Cobbs of Bedford County. (The Davies Family of Virginia, pg.380)
Ham's early childhood years were spent in Bedford County, where he received his education at least until the age of 15, most probably at the knee of his father who was a school teacher. According to records of the U.S. Naval Academy at Annapolis, Ham was admitted to the Academy at the age of 15 years and 10 months. His application states Jonesborough, Tennessee as his home. He would have been a member of the graduating class of 1858 had he not resigned from the Academy in 1857. His resignation must have been considered unfortunate by one professor who wrote that Tamerlane had "no superior in his class." (Autauga at War, pg.2)
After Ham left the Academy it appears that he secured a teaching position at the North Carolina Military Institute in Henderson, where he was elected to the Chair of Mathematics and Military Engineering. He taught at Henderson through the winter of 1859. The reason for his leaving the academy appears to have been the lure of a prestigious teaching position at Henderson. Being a teacher also would have given him an outlet to pursue his academic interests, which may have been more important to him than a military career.
By the age of 22 Ham and his father, Henry Landon, was teaching at the Southern Military Academy in Wetumpka, Alabama. The 1860 census identifies Henry Landon Davies as a teacher and Ham as an assistant military teacher at Wetumpka. At this time both father and son were residing with a Mr. N.B. Williams of Wetumpka, which the census identities as a "Merchant." Henry and Ham were most likely renting a room from Mr. Williams.
A letter dated March 11, 1861, written by the Commandant's Office at the Southern Military Academy to General Curry forwarded Ham's request for appointment as a Lieutenant of Artillery. The information found does not state whether the request was made to the U.S. Army, to the Alabama Militia or to the fledgling Army of the Confederate States of America. It is somewhat doubtful that Ham was seeking appointment to the Confederate Army, for in March of 1861 neither his home state of Virginia nor his adopted state of Alabama had seceded from the Union. Therefore, although an appointment to the local militia is a strong possibility in anticipation of Alabama seceding, it is also quite possible that the request was made to the U. S. Army.
The letter explained that after leaving the U.S Naval Academy Ham was elected to the Chair of Mathematics & Military Engineering at Henderson, followed by his being given the rank of Lieutenant Colonel and Professorship of Pure Mathematics at the Southern Military Academy in Wetumpka, Alabama. Based on Ham's subsequent activities it is evident that his request was not granted.
The State of Alabama seceded from the Union in April 1861. At the age of 25 Ham undertook the task of raising a company of infantry for the Confederate war effort. Ham financed the outfitting of the company himself. He must have had more money at his disposal than one would imagine possible from the wages of a Professor. Maybe some of the "old Davies money" found its way to Ham in Alabama. The company enlisted in the 8th Alabama Infantry Regiment in Wetumpka in May 1861 and was designated "Company B." This Regiment was also known as the "Governor's Guards." (Autauga at War, pg. 3) Many of the members of Company B were Ham's students from the Academy at Wetumpka.
Ham actively served with Company B, 8th Alabama Infantry, from May 1861 to December 6, 1861, at which time he was granted an extended leave of absence to raise a new infantry regiment in Alabama. Based on the regimental history of the 8th, Ham did not see any serious field action while serving as Captain of Company B. The first campaign that the 8th was involved in was the Siege of Yorktown in April 1862.
Ham held the rank of Captain in the 8th Alabama. Captain Davies did not serve with his Regiment for too long. He marched with the 8th to Richmond, from there being dispatched to various locations in Virginia. Either based on his success raising soldiers for the 8th or by his own request, on December 6, 1861 Ham was granted leave to return to Wetumpka to raise a new regiment. He was granted leave while on duty from the 8th in Harwood, Virginia. (Confed. War Records, Vol. 8, Ala. 1861) The length of Ham's leave was 25 days. The records also reveal that his leave was extended by 30 more days, but on February 8, 1862 he is reported as being absent from the 8th without leave.
Perhaps one reason for Ham's delay returning to the 8th was his marriage to Susan E. Clayton on March 20, 1862. Ham may have received permission to extend his leave from his immediate superiors in Alabama, but word of this may not have reached the 8th in Virginia until weeks later. Regardless, Ham's records indicate that no disciplinary action was taken for him being absent without leave. Susan was the daughter of P. H. Hal Clayton, a prominent lawyer in Montgomery, Alabama.
There probably was another reason for Ham's not returning to Virginia as scheduled. On March 29, 1862 Captain Davies is reported as still performing the duties of "Mustering Officer" with the 28th Alabama Infantry Regiment. (Autauga at War, pg. 3) The regiment eventually reached 1200 men in strength and reported to Corinth, Mississippi.
Captain Davies finally reached the 8th Regiment some time in April of 1862. On May 20, 1862 Captain Davies was promoted to Major while on duty at Yorktown, Virginia. Along with this promotion came a transfer to the 28th Alabama Infantry Regiment. (Confed. War Records, Chap. 1, File No. 83, pg. 8 1862)
Soon after Ham's reassignment to the 28th Alabama he was promoted to Lieutenant Colonel. He served in the field until August of 1862 when he was detached from field service for special service by General Bragg. Unfortunately, we do not yet know the nature of the special services that Ham rendered the Confederate cause under the authority of General Bragg. In early 1863, however, Lt Colonel Davies is serving as Post Commandant at Bristol, Tennessee. The records state that the post at Bristol was left out of the consolidation of regiments of Anderson's Brigade. Later in August 1863 Lt. Colonel Davies is reported as being Post Commandant at Cleveland, Tennessee. In September 1863 Ham resigned his commission in the Confederate Army stating as the reason ill health and thus being physically unable to fulfill a field command. He stated that he suffered from a chronic disease contracted while serving in the Army of the Peninsula. (Autauga at War, pg. 3) There is no reason to doubt Ham's claim. More soldiers died during the Civil War from disease and wounds than they did from combat, and those who survived the numerous illnesses that swept through army camps often suffered debilitating effects throughout the remainder of their lives.
In the fall of 1863 Ham applied for transfer to the Confederate Navy, which was accepted. He was commissioned in the Navy as a 1st Lieutenant and first served abroad the C.S.S. Patrick Henry.
When Ham took his post on the Patrick Henry it was serving as a school ship for young cadets. Prior to this it was part of the James River Squadron taking regular action against Union gun boats and participating in the famous naval battle between the C.S.S. Virginia (Merrimack) and the Monitor in March 1862. The Patrick Henry was severely damaged when it attacked the U.S.S. Congress and lost its boilers and four crewmen in the action. (CSS Patrick Henry, pg. 1) Given Ham's attendance at Annapolis, he was undoubtedly a valuable addition to the teaching staff assigned to the Patrick Henry. The first class on board the ship started in October 1863, so Ham must have been among the original teaching staff that totaled thirteen. Even though the Patrick Henry was manned by Midshipmen, on several occasions it was summed down river to the vicinity of Norfolk to harass Union forces. The C.S.S. Patrick Henry was burned by her crew on April 3, 1865 when Richmond was evacuated.
Long before the end of the Patrick Henry, Ham was transferred to the ironclad Virginia. Although the exact dates of his service aboard the Virginia have not yet been discovered, the evidence indicates that he served from the end of 1863 through mid-1864. The history of the Virginia is well known, so its details are not belabored here. During the period that Ham served on the Virginia, it was engaged in minimal military action, not wishing a repeat of its engagement with the U.S.S. Monitor. It remained anchored in Norfolk, Virginia; only occasionally venturing out into the James River to harass Union Naval forces and shore batteries. As the tide of the war turned against the Confederacy and Union forces closed on Norfolk, the Virginia made its way up the James River towards Richmond.
In mid-1864 Ham was transferred to the C.S.S. Torpedoes, where he served at the same rank. Nothing could be learned about the Torpedoes. It probably was a Confederate gun boat that was also part of the James River Squadron.
Ham resigned from the Navy for reasons unknown prior to the end of the war and returned home to Alabama. In the final days of the war, Ham wrote a letter to General Samuel Cooper in Richmond requesting to be reappointed to his former rank of Lieutenant Colonel in the Confederate Infantry under the terms of the General Order of February 16, 1865. This General Order offered reappointment to meritorious resigned officers. If Ham received a response to his request prior to the end of hostilities evidence of it has not been found. (Autauga at War, pg. 3)
As mentioned, Ham married Susan Clayton while on leave in the spring of 1862. Ham and Susan had four children as follows: Clayton, Addison, Nicholas Hammer and John. Their birth dates and places of birth are not known.
Ham's wife's maiden name is of interest to us and affords an opportunity for future research. Our Davies and the Clayton family of Virginia descending from Dr. John Clayton the Botanist have a long history together in the "Old Dominion." Is it possible that Ham and Susan were cousins? Clayton is not an uncommon English surname, so the assumption of kinship cannot be automatically made. Nevertheless, we have seen many occasions where one family member moved from Virginia to another part of the country to be followed later by other family members, both close and distant. This may be such a case.
Following the Civil War the South entered the period of "Reconstruction." The Southern economy was in shambles and those who could do so left for opportunities in other regions of the country. It appears that Ham and his wife, together with his father-in-law, P. H. Clayton, Esq. left Alabama in 1867 for Carson City, Ormsby County, Nevada. Here Ham joined in a law practice with his father-in-law and M. S. Bonnfield. Ham must have "read the law" for a couple of years, in essence apprenticing under the tutelage of his father-in-law, for in 1868 he was admitted to practice before the Nevada Supreme Court.
It did not take long for Ham to make a name for himself as an attorney of ability. The topic of public school segregation was a contentious subject, much debated at the Nevada Constitutional convention of 1863. Initially compulsory education for all, regardless of race, was put forth on the floor of the convention. Two representatives proposed an alternative clause that public education was to be made available to whites only. Although this amended version was initially rejected by the representative, after much wrangling on the floor it became a part of the proposed constitution. The proposed constitution of 1863 was turned down by the voters for several reasons, including opposition among liberal Republicans to not providing public education for non-whites. Another convention was convened in 1864 to draft a state constitution and this time any clause regarding compulsory education was left out, leaving the matter to be addressed by legislation. This constitution passed. (School Segregation in Nineteenth Century Nevada, pg. 1)
The first public school legislation passed by Nevada excluded non-whites from Nevada's public school systems. This legislation was clarified in 1867 by stating: "Negroes, Mongolians, and Indians shall not be admitted into Public Schools, but the Board of Trustees may establish a separate school for their education, and use the Public School Funds for the support of the same." (School Segregation in Nineteenth Century Nevada, pg. 1) Nevada's approach to educating minorities would be duplicated in many states, not only in the South, but during this period also in California.
Many communities made efforts to establish schools for their minority children. On the Comstock in the mid-1860s at least two schools were operated for non-whites. In other communities, such as Elko, Nevada, non-whites were permitted to attend public school with whites. In the other extreme, no education was provided for non-whites in Eureka, Nevada. More often than not the failure to establish a school for non-whites was because the community lacked the money to do so.
This brings us to Ham becoming involved in an early and landmark civil rights action in Nevada. In 1871 the father of 7-year old David Stoutmeyer, an African American, tried to enter him in public school in District 1 of Ormsby County. David was denied admittance because he was a Negro. Having very high hopes for David's future and realizing the only chance David would have to achieve success in life was to receive an education, the Stoutmeyers enlisted the services of T.W.W. Davies, Esq., who appears to have taken the case without payment.
Ham argued the case before the Nevada Supreme Court. It is reported that his legal reasoning, knowledge of the law and eloquent rhetoric easily persuaded the Court to the justice of his arguments.
The case of David Stoutmeyer stands as an important advance toward equal rights in Nevada. Within a year following the Supreme Court's decision in favor of David Stoutmeyer, the Nevada Legislature repealed the statute that allowed exclusion of students from public schools based on color or race. This ruling would be cited for nearly a century to come before the courts in many states where desegregation of public schools was being fought for. We know the basis of the case and the outcome. What is still being sought is a transcript of the case so we might have a better appreciation of Ham's talent as an attorney.
It is likely that no more than two of Ham and Susan's children were born in Alabama, with the others born in Nevada. While living in Carson City Susan died within two years of their arrival. He took Nettie Alice Galenus as his second wife in 1869 or 1870. They had one child, Annie Lucille Davies in Carson City.
Ham left Nevada in 1881 for Bridgeport, Mono County, California. The reason for doing so is unknown, but we learn from his obituary that appeared in the "Territorial Enterprise," Virginia City, Nevada that he was practicing law in California. It is also interesting to note that two of Davies's sons by Susan and his wife, Nettie, and their daughter were living in Carson City while Ham was living in Bridgeport, CA. Ham's body was returned to Carson City for interment and Reverend George R. Davis of the Episcopal Church officiated at his funeral service. Ham died on October 9, 1883. Although one of the several obituaries that appeared regarding Colonel Davies stated that his age could not be determined, we know that he passed away very near his 45th birthday. The obituary that appeared in the Carson City Morning Appeal on October 10, 1883, although containing minor errors, gives us insight into how Ham was viewed by his family, friends and associates:
"Intelligence is at hand of the death yesterday morning at Bridgeport, California, of Colonel T.W.W. Davies. The deceased has been a resident of this city from about 1867 up to within a little more than a year ago, engaged in the profession of the law. He was a native of Virginia, but was raised in Alabama, surrounded by much refinement and culture. The late Colonel was a graduate of the Naval Academy and subsequently became an officer in the old navy during the ante belle days; Upon the outbreak of the war he espoused the Southern cause, serving in both the army and navy, attaining the rank of Colonel in the former for gallantry and bravery. At the close of hostilities he married a daughter of the late Hal Clayton, in Alabama and moved to this city. Two years since he married his second wife, Miss Gallanor (sic), of Douglas County, by whom he leaves one child. The deceased possessed a mind of more than ordinary information, was a good lawyer and a man of very liberal education. His age at the time of his demise could not be determined."
Tamerlane William Whiting Davies, II was a remarkable man whose life came to an end prematurely. Who knows what other accomplishments Ham would have credited to his name had he lived a full life. Within the space of forty-five years he was an Annapolis Midshipmen, a teacher of Engineering and Mathematics, an army and naval officer, and a lawyer of no mean stature.
One commentator encountered in the research for this article hails the bravery of little David Stoutmeyer and his parents for fighting for his right to attend public school in Ormsby County, Nevada. Regarding this there is no disagreement, but the statement fails to recognize the courage and moral principles of Ham Davies who took on this case a less than a decade after the abolition of slavery in the South. What makes Ham's representation of David Stoutmeyer more remarkable is that Ham was born and raised in the South and fought for the Southern cause. Although Radical Republicans were well represented in Nevada, there was no shortage of transplanted Southerners. Maybe Ham's vigorous defense of David Stoutmeyer's rights tells us something about the real attitude that Southerners had toward the institution of slavery. The author will leave this up to the reader to contemplate. Regardless what motivated Ham to take this case, he along with little David Stoutmeyer should be honored as an early pioneer in the post-Civil War Civil Rights Movement.
As with so many of our ancestors that we have studied in this newsletter, we just discover enough about their lives to tantalize us. Ham is no exception. Some of the questions that remain to be answered are:
1.*Why did Ham resign from Annapolis?
2.*Was Susan Clayton Ham's cousin?
3.*Why did Ham and Susan decide to settle in Nevada?
4.*What are the birth years of Ham's and Susan's children *and where were they born?
5.*What made Ham decide to fight for the Southern cause *rather than the Union if he was a liberal thinker,
as **indicated by his actions later in life?
6.*What service did he provide while a Lieutenant in the *Confederate Navy?
7.*What arguments did Ham present that won the **Stoutmeyer case before the Nevada Supreme Court?
8.*What was Ham doing in Bridgeport, CA without his wife *and daughter?
9.*Where are his descendants today?
Colonel Ham Davies presents us with a complex personality made more fascinating by being accompanied by a keen intellect. His history deserves our attention. Perhaps we will one day be able to find the answers to the questions asked above and publish an updated biography of this accomplished man.
References:
-------, Confederate Army Records, Co. 8 Alabama Infantry, and 28 Alabama Infantry, National Archives,
-------, Nevada State Library and Archives, Department of Cultural Affairs, "Case 8, State ex. rel. Stoutmeyer v. Duffy, 7 Nev 342 (1872), " Modified 7/11/2003.
------, "Patrick Henry," Dictionary of American Naval Fighting Ships, Department of the Navy - Naval Historical Center, 805 Kidder Breese SE, Washington Navy Yard, Washington, D.C. 20374-5060.
--------, "Lieutenant Colonel Tamerlane William Whiting Davies, II;" Autauga at War, MSN Groups. com. *
Boyle, James David, "The Davies Family of Virginia, The Descendants of 'Pebbleton',"Morris Publishing, 3212 E. Highway 30, Kearney, NE 68847, C. 2000
Gibbons, Tony, "CSS Patrick Henry," Civil War Home, com, updated last 11/16/2004.
Reid, John, "School Segregation in Nineteenth Century Nevada," The Online Nevada Encyclopedia, C. 2007, www.onlinenevada.org/school_segregation_in_
ninetheenth_century_nevada.