Herrick was elected as a Democrat to the Thirty-eighth Congress (March 4, 1863 – March 3, 1865). Herrick was one of the few Democrats to vote for the submission of the 13th Amendment to the states.
Herrick was chosen as a Democrat for the Thirty-eighth Congress, spanning from March 4, 1863, to March 3, 1865. He stood out among his fellow Democrats by supporting the proposal to send the 13th Amendment to the state governments.