Butler County, Alabama - Chapter 35, 1885

This worthy son of our county was born at Laurens Court House, South Carolina, March 12, 1834. His parents, Thomas E. and Dorothy T. Herbert, were prominent educators in South Caro- Hna and Alabama. They taught a flourishing female school together in Laurensville until 1846, when they removed to Greenville, Butler County, where they were engaged in teaching school with marked success for a number of years.

It was while his parents were in Greenville that Hilary went to school to W. P. Eaton and other faithful teachers, and laid a good foundation for his future education. He made sufficient progress to be ready to enter college at the age of sixteen. His father, however, did not approve of sending him to a boarding-school while so young, and put him to work on his plantation. On the farm he was as diligent and successful as in the schoolroom, and proved to be of great assistance to his father.

After remaining in active service on the farm for about two years, he was matriculated as a member of the Sophomore Class in the State University at Tuscaloosa, in the fall term of 1853, and by his diligent application made a high stand in his class. His pleasing manners and superior character soon won for him a host of friends, who admired him both as a student and a true friend.

Doby was a member of the Sophomore Class; had earned the means for defraying his college expenses, and was recognized as a young man of some promise. He was dismissed from college by the faculty for shouting **Wolf!" at Prof. George Benagh, but he denied the truth of the charge, and appealed to his class to prove that he was innocent. The enraged Sophomores, feeling that a great injustice had been done to their classmate, met in the Erosophic Society Hall and called Hilary Herbert to the chair. Inflammatory -speeches were made, and, amid great excitement, a resolution was offered -and adopted that the signers would attend no more college duties until Doby was reinstated.

The faculty immediately suspended all those who signed the resolution. Among those suspended were Hilary Herbert, as well as a majority of his class, about half the Freshmen and a few of the Juniors. Many members of the class afterwards returned to the University, made the necessary reparations for having acted as they had done in the matter, and were reinstated. A majority of those engaged in the Doby Rebellion were influenced by pure and noble motives, and accepted the decision of the officers of the institution as final. Those suspended for taking part in the Doby Rebellion have never harbored any ill will against the University for the action the faculty took in the matter, but, on the other hand, have been strong friends and supporters of the institution. Hilary Herbert has since served on its honorable Board of Trustees, and made a very useful and influential member.

After being sent from college at Tuscaloosa, Mr. Herbert entered the University of Virginia, and prosecuted his studies here during the sessions of 1854-55 and 1855-56. At this great seat of learning he made good use of the superior advantages offered and enjoyed the same success that he had met with in Alabama. Greatly to his regret, his health gave way under the pressure of sedentary life, and he was forced to return to his home in March, 1856, for the purpose of regaining his strength. Having contracted dyspepsia, it was necessary for him to employ the best medical skill, and to adhere strictly to the prescriptions given, lest he should be an invalid for life. His health had improved sufficiently by the following September for him to begin the study of law, which he did with E. A. Perry (now General E. A. Perry, of Pensacola, Florida). They both had just begun to read law, and soon formed a great attachment and friendship for each other. One would read aloud while the other listened; they would then have a quiz on the whole chapter. These two young men made rapid progress, and were both admitted to the bar by the Supreme Court in March, 1857. M^- Perry opened an office in Pensacola, and shortly after married Miss

Herbert formed partnership with Samuel Adams, a very prominent lawyer in Greenville at that time, and who represented Butler County twice in the General Assembly. He married a sister of Hilary Herbert. He was a brave soldier in the Confederate Army, and was promoted to the rank of Colonel of the Thirty-third Alabama Regiment, but was killed at Atlanta in 1864 before he had time to add much lustre to his name as a commander.

From 1857 to 1861 Mr. Herbert practiced law successfully in Greenville, but was no aspirant for office. He was, however, alternate elector for Breckinridge, having always been a stanch Democrat and a strong supporter of such principles as were consistent with Democratic views.

Having advocated secession, he thought it his duty to defend it. The Greenville Guards had been formed in Greenville in the fall of i860 and Herbert was elected Second Lieutenant in that company. Governor Moore ordered the company to Pensacola in January, 1861, before the

State had seceded. After staying at Pensacola about six weeks, the company was ordered to return to Greenville. Here it was reorganized, and Hilary A. Herbert was elected as its Captain. Captain Herbert took his company to Richmond the following May. This was the first company that enlisted into regular service from this county, and was made Company F, Eighth Alabama Infantry, with John A. Winston as Colonel in command. After the battle of Williamsburg, in the spring of 1862, Captain Herbert was promoted to the rank of Major of the regiment. He was wounded and captured at the battle of Seven Pines, but was exchanged in August. He was then in command of the regiment, and was struck three times at Sharpsburg, but was not wounded severely enough to be obliged to leave the field ; was promoted to be Lieutenant-Colonel, and remained with the regiment during all of 1863, ^^^ until the battle of the Wilderness, in May, 1864, when he was disabled by a severe wound in the left arm.

After reaching home, he sent on his application for retirement, and wrote to Colonel King, the commander of the brigade, to have it hurried through, as he did not wish to stand in the way of the gallant officers, the promotion of whom would follow his retirement. Colonel King showed this application to the regimental officers. The officers who would be promoted by Colonel Herbert's retirement, after consultation, decided that

Colonel Herbert deserved to be promoted to a full Colonelcy, and, as it was likely he would get promotion before a great while, they requested Colonel King to withhold and not forward his resignation. These officers thus voluntarily caused Herbert's promotion to the position of Colonel of the regiment, and this at a sacrifice to themselves. Such instances of self-sacrificing devotion to a commander were not common among officers, even in the heroic days of the Confederacy. This is quite a compliment to Colonel Herbert. It shows how highly the officers of the Confederate Army regarded him as a commander, and his ability in the successful discharge of the different duties devolving upon him while holding such a responsible position. A soldier, on a thirty days* furlough, on his way home, brought to Colonel Herbert his commission as Colonel, thus obtained for him by the devotion of the officers of his old regiment.

After the war was over, Colonel Herbert resumed the practice of law in Greenville, and formed partnership with John L. Powell, now Probate Judge of Butler County. In 1867 Colonel Herbert was united in marriage with Miss Ella Smith, a daughter of Colonel Washington M. Smith, of Selma. Mrs. Herbert is a lady of high culture and rare accomplishments. Having spent several years in the city of Washington with her husband while in Congress, she had the opportunity of meeting a great many distin- guished persons from different parts of the country, and has won the admiration and esteem of all those who know her. She has been elected Vice- Regent of the Ladies' Mount Vernon Association for Alabama, an organization for the purpose of preserving the sacred home of George Washington for the American people, who constantly visit it in large numbers.

Colonel Herbert followed the profession of his choice with considerable zeal, and had but little to do with politics until the passage of the Reconstruction Acts. He then considered it his duty to oppose Republicanism in the State, and took an active part in the campaign of 1867. He soon won a reputation as a speaker and Democratic leader, and was made a member of the State Executive Committee. In the meantime, Hon. David Buel had been admitted into partnership with him in the practice of law.

The war had deprived his father, Thomas E. Herbert, of all his property, and had robbed two of his daughters of their husbands. Colonel Samuel Adams was killed at Atlanta, George M. Cook at the battle of Seven Pines, and his nephew, James A. Young, who was an adopted son, fell at New Hope Church in 1864. Colonel Herbert, the only survivor of the family from the war, had the gratification of being able to assist his aged father in the houi of need, and took great pleasure in giving him every care and comfort in his decHning years. The good-hearted old

In 1876 Colonel Herbert received the nomination for Congressman from the Democratic party of the Second District of Alabama, and was duly elected the following November. Soon after his election, L. M. Lane, a prominent and able lawyer, was admitted into the firm, and the firm still bears the name of Herbert, Buel & Lane. Colonel Herbert has been in Congress ever since 1876. It was very gratifying to his friends of the Second District, as well as the people of Alabama, that he was renominated in 1884 without opposition, and was elected by a large majority.

In national legislation. Colonel Herbert has shown himself to be a man of Integrity and ability. He has always kept in view the interests of the people, is a strong advocate for reform, and has ever been in favor of a judicious management of the affairs of the Government.

Many of his constituents, for a time, thought him in error, when, in 1877, they learned that he was not In favor of the indorsement of the Texas Pacific Railroad Bonds, amounting to ;^38,ooo,ooo. When the company found that Colonel Herbert opposed the passage of the bill, they put out agents through the Second District of Alabama, and got a large number of the most influential men of the district to sign a petition, asking their Representative, Colonel Herbert, to support the bill. Colonel Herbert, who had given the subject due consideration, delivered an able speech in Congress against the bill. His speech met almost universal approval, and the soundness of his position was no longer doubted by his constituents.

This distinguished Congressman from Alabama has been prominent in the passage of many important bills in the House, and is generally recognized, by members of the Republican as well as the Democratic party, as a statesman of ability and influence. In the XLVHI. Congress, he is a member of the Committee on Ways and Means, which is considered the most important committee in the House of Representatives. He takes a great deal of interest in the discussion of the Tariff question, and is in favor of a reduction. He is an honor to Alabama in Washington, and should, by all means, be kept in Congress, to guard the interests of the people, and to assist in making laws that will be beneficial in the advancement and prosperity of this country, by helping the development of its wonderful natural resources.