 Herbert resettled in Prince George's County, Maryland in 1805 and served as a member of the Maryland House of Delegates from 1808 to 1813 and as speaker of the House in 1812 and 1813.He later served as captain of the Bladensburg Troop of Horse in the War of 1812.In 1814, Herbert was elected as a Federalist to the Fourteenth and Fifteenth Congresses, serving from March 4, 1815 to March 3, 1819.