Hervey was born in Glasgow, Scotland,[1] when eighteen years of age he emigrated to Sydney, New South Wales, and ultimately was largely engaged in pastoral pursuits in the Port Phillip District, which in 1851 was constituted the separate colony of Victoria.
[4] Hervey was elected to the part-nominated Victorian Legislative Council on 3 June 1853 for the Murray district[5] and sworn-in August 1853.
[1] When responsible government was achieved he was returned to the first wholly elective Legislative Council for the Eastern Province in November 1856.
[1][3] From March 1861 to November 1862 he was acting president of the latter body during the absence in England of Sir James Frederick Palmer.
[3] Misfortune still continued to pursue him, and he died in Turnbull Plains, Benalla district, Victoria,[1] under very sudden and distressing circumstances on 1 December 1874,[2] when a coroner's jury returned a verdict that death had resulted from insufficient nourishment.