United States v. Lee (1882)
With local cemeteries in Alexandria County and Alexandria filling rapidly with war dead, Quartermaster General of the United States Army Montgomery C. Meigs proposed using of the Arlington estate as a cemetery. The first burial there was made on May 13, 1864. United States Secretary of War Edwin M. Stanton approved the establishment of a military cemetery on June 15, 1864, creating Arlington National Cemetery. By the end of the war in April 1865, more than 16,000 people had been buried at Arlington. In September 1866, a memorial and a burial vault (containing the remains of 2,111 U.S. and Confederate soldiers who died at the First Battle of Bull Run, Second Battle of Bull Run, and along the Rappahannock River) were buried in Lee's former wildflower garden on the mansion's east side beneath the Civil War Unknowns Monument, a memorial to honor unknown soldiers who had died during the American Civil War.
Confederate Memorial (Arlington National Cemetery)
The federal government did not permit the decoration of Confederate graves at the cemetery, however. As Quartermaster General, Meigs had charge of the Arlington cemetery (he did not retire until February 6, 1882), and he refused to give families of Confederates buried there permission to lay flowers on their loved ones' graves. In 1868, when families asked to lay flowers on Confederate graves on Decoration Day (now known as Memorial Day), Meigs ordered that the families be barred from the cemetery. Union veterans' organizations such as the Grand Army of the Republic (GAR; whose membership was open only to Union soldiers) also felt that rebel graves should not be decorated. In 1869, GAR members stood watch over Confederate graves at Arlington National Cemetery to ensure they were not visibly honored on Decoration Day. Cemetery officials also refused to allow the erection of any monument to Confederate dead and declined to permit new Confederate burials (either by reburial or through the death of veterans).