Rebel Raider | Page 4

his two brothers, had been carrying on a private resistance movement against the Union occupation ever since the Confederate Army had moved out of the region. Overjoyed at the presence of regular Confederate troops, even as few as a half-dozen, Underwood offered to guide Mosby to a nearby Union picket post.
Capturing this post was no particularly spectacular feat of arms. Mosby's party dismounted about 200 yards away from it and crept up on it, to find seven members of the Fifth New York squatting around a fire, smoking, drinking coffee and trying to keep warm. Their first intimation of the presence of any enemy nearer than the Rappahannock River came when Mosby and his men sprang to their feet, leveled revolvers and demanded their surrender. One cavalryman made a grab for his carbine and Mosby shot him; the others put up their hands. The wounded man was given first aid, wrapped in a blanket and placed beside the fire to wait until the post would be relieved. The others were mounted on their own horses and taken to Middleburg, where they were paroled i.e., released after they gave their word not to take up arms again against the Confederacy. This not entirely satisfactory handling of prisoners was the only means left open to Mosby with his small force, behind enemy lines.
The next night, Mosby stayed out of Fairfax County to allow the excitement to die down a little, but the night after, he and his men, accompanied by Underwood, raided a post where the Little River Turnpike crossed Cub Run. Then, after picking up a two-man road patrol en route, they raided another post near Fryingpan Church. This time they brought back fourteen prisoners and horses.
In all, he and his sextet had captured nineteen prisoners and twenty horses. But Mosby still wasn't satisfied. What he wanted was a few more men and orders to operate behind the Union army on a permanent basis. So, after paroling the catch of the night before, he told John Underwood to get busy gathering information and establishing contacts, and he took his six men back to Culpepper, reporting his activities to Stuart and claiming that under his existing orders he had not felt justified in staying away from the army longer. At the same time, he asked for a larger detail and orders to continue operating in northern Virginia.
In doing so, he knew he was taking a chance that Stuart would keep him at Culpepper, but as both armies had gone into winter quarters after Fredericksburg with only a minimum of outpost activity, he reasoned that Stuart would be willing to send him back. As it happened, Stuart was so delighted with the success of Mosby's brief activity that he gave him fifteen men, all from the First Virginia Cavalry, and 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.
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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