orders to operate until recalled. On January 18, Mosby was back at Middleburg, ready to go to work in earnest.

As before, he scattered his men over the countryside, quartering them on the people. This time, before scattering them, he told them to meet him at Zion Church, just beyond the gap at Aldie, on the night of the 28th. During the intervening ten days, he was not only busy gathering information but also in an intensive recruiting campaign among the people of upper Fauquier and lower Loudoun Counties.

In this last, his best selling-point was a recent act of the Confederate States Congress called the Scott Partisan Ranger Law. This piece of legislation was, in effect, an extension of the principles of prize law and privateering to land warfare. It authorized the formation of independent cavalry companies, to be considered part of the armed forces of the Confederacy, their members to serve without pay and mount themselves, in return for which they were to be entitled to keep any spoil of war captured from the enemy. The terms "enemy" and "spoil of war" were defined so liberally as to cover almost anything not the property of the government or citizens of the Confederacy. There were provisions, also, entitling partisan companies to draw on the Confederate government for arms and ammunition and permitting them to turn in and receive payment for any spoil which they did not wish to keep for themselves.

The law had met with considerable opposition from the Confederate military authorities, who claimed that it would attract men and horses away from the regular service and into ineffective freebooting. There is no doubt that a number of independent companies organized under the Scott Law accomplished nothing of military value. Some degenerated into mere bandit gangs, full of deserters from both sides, and terrible only to the unfortunate Confederate citizens living within their range of operations. On the other hand, as Mosby was to demonstrate, a properly employed partisan company could be of considerable use.

It was the provision about booty, however, which appealed to Mosby. As he intended operating in the Union rear, where the richest plunder could be found, he hoped that the prospect would attract numerous recruits. The countryside contained many men capable of bearing arms who had remained at home to look after their farms but who would be more than willing to ride with him now and then in hope of securing a new horse for farm work, or some needed harness, or food and blankets for their families. The regular Mosby Men called them the "Conglomerates," and Mosby himself once said that they resembled the Democrat party, being "held together only by the cohesive power of public plunder."

Mosby's first operation with his new force was in the pattern of the other two—the stealthy dismounted approach and sudden surprise of an isolated picket post. He brought back eleven prisoners and twelve horses and sets of small arms, and, as on the night of the 10th, left one wounded enemy behind. As on the previous occasions, the prisoners were taken as far as Middleburg before being released on parole.

For this reason, Mosby was sure that Colonel Sir Percy Wyndham, commander of the brigade which included the Fifth New York, Eighteenth Pennsylvania and the First Vermont, would assume that this village was the raiders' headquarters. Colonel Wyndham, a European-trained soldier, would scarcely conceive of any military force, however small, without a regular headquarters and a fixed camp. Therefore, Wyndham would come looking for him at Middleburg. So, with a companion named Fountain Beattie, Mosby put up for what remained of the night at the home of a Mr. Lorman Chancellor, on the road from Aldie a few miles east of Middleburg. The rest of the company were ordered to stay outside Middleburg.

Mosby's estimate of his opponent was uncannily accurate. The next morning, about daybreak, he and Beattie were wakened by one of the Chancellor servants and warned that a large body of Union cavalry was approaching up the road from Aldie. Peering through the window shutters, they watched about 200 men of the Fifth New York ride by, with Colonel Wyndham himself in the lead. As soon as they were out of sight up the road, Mosby and Beattie, who had hastily dressed, dashed downstairs for their horses.

"I'm going to keep an eye on these people," Mosby told Beattie. "Gather up as many men as you can, and meet me in about half an hour on the hill above Middleburg. But hurry! I'd rather have five men now than a hundred by noon."

When Beattie with six men rejoined Mosby, he found the latter sitting on a stump, munching an apple and watching the enemy through his field glasses. Wyndham, who had been searching Middleburg for "Mosby's headquarters," was just forming his men for a push on to Upperville, where he had been assured by the canny Middleburgers that Mosby had his camp.

Mosby and his men cantered down the hillside to the road as Wyndham's force moved out of the village and then broke into a mad gallop to overtake them.

It was always hard to be sure whether jackets were dirty gray or faded blue. As the Union soldier had a not unfounded belief that the Virginia woods were swarming with bushwhackers (Confederate guerillas), the haste of a few men left behind to rejoin the column was quite understandable. The rearguard pulled up and waited for them. Then, at about twenty yards' range, one of the New Yorkers, a sergeant, realized what was happening and shouted a warning:

"They're Rebs!"

Instantly one of Mosby's men, Ned Hurst, shot him dead. Other revolvers, ready drawn, banged, and several Union cavalrymen were wounded. Mosby and his followers hastily snatched the bridles of three others, disarmed them and turned, galloping away with them.

By this time, the main column, which had not halted with the rearguard, was four or five hundred yards away. There was a brief uproar, a shouting of contradictory orders, and then the whole column turned and came back at a gallop. Mosby, four of his men, and the three prisoners, got away, but Beattie and two others were captured when their horses fell on a sheet of ice treacherously hidden under the snow. There was no possibility of rescuing them. After the capture of Beattie and his companions, the pursuit stopped. Halting at a distance, Mosby saw Wyndham form his force into a compact body and move off toward Aldie at a brisk trot. He sent off the prisoners under guard of two of his men and followed Wyndham's retreat almost to Aldie without opportunity to inflict any more damage.

During his stop at Middleburg, Wyndham had heaped coals on a growing opposition to Mosby, fostered by pro-Unionists in the neighborhood. Wyndham informed the townspeople that he would burn the town and imprison the citizens if Mosby continued the attacks on his outposts. A group of citizens, taking the threat to heart, petitioned Stuart to recall Mosby, but the general sent a stinging rebuke, telling the Middleburgers that Mosby and his men were risking their lives which were worth considerably more than a few houses and barns.

Mosby was also worried about the antipathy to the Scott Law and the partisan ranger system which was growing among some of the general officers of the Confederacy. To counteract such opposition, he needed to achieve some spectacular feat of arms which would capture the popular imagination, make a public hero of himself, and place him above criticism.

And all the while, his force was growing. The booty from his raids excited the cupidity of the more venturesome farmers, and they were exchanging the hoe for the revolver and joining him. A number of the convalescents and furloughed soldiers were arranging transfers to his command. Others, with no permanent military attachment, were drifting to Middleburg, Upperville, or Rectortown, inquiring where they might find Mosby, and making their way to join him.

There was a young Irishman, Dick Moran. There was a Fauquier