When a lad of thirteen, Col. Hilary A. Herbert came with his father’s family from Laurensville, South Carolina, to Alabama, and settled at Greenville, Butler County, where the lad grew to distinguished manhood. His advanced studies were prosecuted at the universities of Alabama and Virginia, at both of which schools he established a reputation for aptness and rigid accuracy. Admitted to the bar, Colonel Herbert had scarcely begun his career as a lawyer when the Civil War began. He had leisurely pursued his scholastic course and was about twenty-seven years old when the call to arms came.

Entering the army as a captain, he was attached to the Eighth Alabama Infantry, which regiment was sent to Virginia. He was with Magruder at Yorktown, was in the peninsula campaign, during which time he was promoted to the rank of major, and at Fair Oaks he fell into the hands of the enemy. He was soon exchanged, and on rejoining his command, was made lieutenant colonel. His regiment was first assigned to Longstreet’s corps, but later was transferred to that of A. P. Hill.

Colonel Herbert led his regiment into the battles of Fredericksburg, Salem Heights, Antietam, and Gettysburg. In the battle last named the Eighth Alabama was directly opposed by a Federal regiment commanded by Colonel Maginess, who, in after years, sat side by side with Colonel Herbert in congress.

The retirement of Colonel Herbert from the army was due to a serious wound received in the Wilderness. The wound was inflicted on the left arm, a portion of the bone of which was carried away, and that practically nerveless limb still hangs at his side as a memorial of his gallant services. On receiving his wound, he was borne from the field in a critical condition.

Up to that time, though commanding the regiment for a long period, Herbert was only a lieutenant colonel, the colonel having been long disabled and unfit for duty, was not with the regiment, though his name still appeared on the roster as the commander of the regiment. Personally disabled as were both the colonel and the lieutenant colonel, they stood in the way of the promotion of those who were still in active service on the field. In recognition of this condition, Colonel Herbert wrote at once to the brigade commander, expressing the wish to be retired. Major I. P. Emerich, who was now in command, with great magnanimity, protested against such action, insisting that Herbert had won distinction as a leader of his troops, and insisted that fairness demanded that he be promoted before he be suffered to retire. Major Emerich was joined by other officers of the command in the protest, which resulted in the retirement of Colonel Herbert with the full rank of colonel. The action was alike creditable to Colonel Herbert and Major Emerich. The latter still lives an honored citizen of Mobile.

After the capitulation of the Confederate armies, Colonel Herbert located at Greenville in the resumption of the law practice, where he was easily at the head of the local profession. A wider sphere opened to him in 1872, in Montgomery, whence he removed and entered into copartnership with Mr. Virgil Murphy, and later was associated with Messrs. Clopton and Chambers, with whom he was engaged till 1877, when he was elected to congress, his intention being to gratify an ambition by remaining in his seat but one session of two years.

But an event occurred which changed the current of Colonel Herbert’s career. Samuel J. Randall, of Pennsylvania, had become speaker of the house, and there appeared on the scene Col. Tom Scott, of the same state, with a colossal scheme to procure a subsidy of $40,000,000 with which to build the Texas Pacific Railroad with branches extending to the most important southern points. It was a gigantic venture and wore a rosy front for the South, which region was seeking to get again afoot. On the delegation from the South, pressure was brought, because it was so plausibly promising and it was sought to be made appear that it was an undertaking which the South could not lightly esteem. The enginery of the scheme was far reaching in its operation, for the state legislatures were urged to take such action as would force the co-operation of their congressional delegations in its success. The Alabama legislature instructed its senators to vote for it, and requested its representatives to do so.

Knowing the source and purpose of the mammoth scheme, Colonel Herbert declined to support it. Every possible pressure was brought to bear, but Herbert was immovable. His maiden speech in congress was in opposition to Scott’s plan. His argument changed the current of his life. The speech was printed and sent throughout his district, and though he protested against his renomination, he was returned to congress. Colonel Scott made another desperate effort to force the co-operation of Colonel Herbert, even employing learned and local counsel in Montgomery to induce the legislature to give imperative instruction to the state delegation to support the measure, and while this learned attorney alluded before the legislature to Colonel Herbert as misrepresenting the interests of the state, the assembly declined to instruct the members as desired, and the whole scheme was killed. Colonel Herbert now came to be recognized as one of the safest custodians of the interests of the state. While not a demonstrative gentleman, his merits came to be recognized in congress, as was shown by his appointment on the ways and means committee on which committee were such men as Reed, McKinley, and Morrison. His district kept him in congress as long as he would serve.

In 1885 he was appointed chairman of the committee on naval affairs at the request of President Cleveland. In 1893 Mr. Cleveland appointed him Secretary of the Navy. So popular was Colonel Herbert in Congress, that Republicans vied with Democrats in demonstrations of gratification at his promotion to the presidential cabinet. Just after his appointment to this honored post, he entered the hall of congress and was moving quietly toward the Democratic cloak room. Mr. Outhwaite, of Ohio, was speaking as Colonel Herbert was moving along the outer aisle, when a member spied him and broke forth with “Herbert! Herbert!” He paused, when Mr. Outhwaite generously said, “I will yield five minutes of my time to the gentleman from Alabama.” There was no escape, and Colonel Herbert had to speak. He pronounced with deep emotion his high appreciation of the honor and tribute, and it is said that this was the first instance where he was unable to restrain his emotions in public. He was wholly unable to disguise his profound emotions at a demonstration so great.

To Colonel Herbert the entire country is indebted for the efficiency of its national navy. Behind the guns of Dewey, at Manila, and those of Schley at Santiago, was the efficiency of Hilary A. Herbert. Though advanced in age, he is still prosecuting his practice in the national capital.