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.

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 w