Herbert was the representative for California and was a Democrat. He served from 1855 to 1857.
Alleged misconduct & resolution
Herbert faced an allegation of fatally shooting a hotel waiter who refused him after-hours breakfast service for which he was arrested on May 8, 1856 and imprisoned prior to trial. On May. 15, 1856, the House of Representatives tabled the resolution to refer the case to Judiciary Committee, 79-70. In Jan. 1856, he was acquitted.
|May. 15, 1856||House of Representatives tabled the resolution to refer the case to Judiciary Committee, 79-70|
From Dec 1855 to Mar 1857, Herbert missed 275 of 729 roll call votes, which is 37.7%. This is much worse than the median of 25.3% among the lifetime records of representatives serving in Mar 1857. The chart below reports missed votes over time.
We don’t track why legislators miss votes, but it’s often due to medical absenses and major life events.
|Time Period||Votes Eligible||Missed Votes||Percent||Percentile|
|Dec 1855-Mar 1856||177||31||17.5%||50th|
|Dec 1856-Mar 1857||231||66||28.6%||66th|
The information on this page is originally sourced from a variety of materials, including:
- unitedstates/congress-legislators, a community project gathering congressional information
- United States Congressional Roll Call Voting Records, 1789-1990 by Howard L. Rosenthal and Keith T. Poole.
- Martis’s “The Historical Atlas of Political Parties in the United States Congress”, via Keith Poole’s roll call votes data set, for political party affiliation for Members of Congress from 1789 through about year 2000