Philemon Thomas Herbert

Philemon Thomas Herbert (November 1, 1825 – July 23, 1864) was an American politician, lawyer, and Confederate officer, best known for his controversial role in a fatal shooting at Willard’s Hotel in Washington, D.C., during his term in Congress. He served as a Democratic U.S. Representative from California, representing the state’s Second Congressional District in the 34th Congress from 1855 to 1857, and was an active participant in the legislative process during a turbulent period in American history. His career spanned state and national politics as well as military service in the Civil War.

Herbert was born on November 1, 1825, in Pine Apple, Alabama. Little is recorded in standard references about his early family life or formal education, but his subsequent legal and political career suggests that he received sufficient training to enter the bar and participate in public affairs at a relatively young age. At some point as a young man he left the Deep South and migrated west, joining the large movement of Americans who settled in California in the mid-nineteenth century.

Aligning himself with the Democratic Party, Herbert became involved in California politics during the state’s formative years. He was elected to the California State Assembly, where he served two terms representing Mariposa County. In this capacity he participated in shaping early state legislation at a time when California was rapidly developing following the Gold Rush. His service in the Assembly helped establish his reputation within Democratic circles and positioned him for higher office.

In 1855, Herbert was elected as a Democrat to the United States House of Representatives from California’s Second District, serving in the 34th Congress from 1855 to 1857. As a member of Congress, he represented the interests of his California constituents during a significant pre–Civil War period marked by sectional tensions and debates over slavery and territorial expansion. His single term in the House placed him at the center of national politics, and he contributed to the legislative process as part of the Democratic majority that then dominated much of federal policymaking.

Herbert’s congressional career was overshadowed by a notorious incident in Washington, D.C. In 1856, while staying at Willard’s Hotel, he became embroiled in a dispute when he was refused breakfast service because it was considered too late in the morning. The quarrel escalated between Herbert and the Irish headwaiter, Thomas Keating, and Herbert shot and killed the waiter. He was subsequently tried on a manslaughter charge. Despite the seriousness of the offense, Herbert was acquitted by a sympathetic jury, a result that drew public attention and controversy. Although he avoided legal punishment, the episode gravely damaged his political standing, and he abandoned his congressional career after the expiration of his term.

Following his departure from Congress, Herbert left Washington and, in 1859, moved to El Paso, Texas. There he resumed his legal profession and practiced law, integrating himself into the social and political life of the region on the eve of the Civil War. When the war broke out in 1861, Herbert cast his lot with the Confederacy. He joined the Confederate Army and rose to the rank of lieutenant colonel. During his military service he commanded the Arizona Cavalry and later the 7th Texas Cavalry Regiment, participating in Confederate operations in the Trans-Mississippi Theater.

Herbert’s military career ended during the Red River Campaign of 1864. He was wounded at the Battle of Mansfield in Louisiana on April 8, 1864, a significant Confederate victory that helped halt a major Union advance into Texas. His wounds proved fatal, and he died on July 23, 1864. Philemon Thomas Herbert was buried at Evergreen Cemetery in Kingston, Louisiana, closing a life that had encompassed state and national office, a dramatic and infamous criminal trial, and service as a Confederate officer during the nation’s most devastating conflict.