To enforce his orders—and to make Arlington uninhabitable for the Lees—Meigs evicted officers from the mansion, installed a military chaplain and a loyal lieutenant to oversee cemetery operations, and proceeded with new burials, encircling Mrs. Lee's garden with the tombstones of prominent Union officers. The first of these was Capt. Albert H. Packard of the 31st Maine Infantry. Shot in the head during the Battle of the Second Wilderness, Packard had miraculously survived his journey from the Virginia front to Washington's Columbian College Hospital, only to die there. On May 17, 1864, he was laid to rest where Mary Lee had enjoyed reading in warm weather, surrounded by the scent of honeysuckle and jasmine. By the end of 1864, some 40 officers' graves had joined his.
Meigs added others as soon as conditions allowed. He dispatched crews to scour battlefields for unknown soldiers near Washington. Then he excavated a huge pit at the end of Mrs. Lee's garden, filled it with the remains of 2,111 nameless soldiers and raised a sarcophagus in their honor. He understood that by seeding the garden with prominent Union officers and unknown patriots, he would make it politically difficult to disinter these heroes of the Republic at a later date.
The last autumn of the war produced thousands of new casualties, including Lt. John Rodgers Meigs, one of the quartermaster's four sons. Lieutenant Meigs, 22, was shot on October 3, 1864, while on a scouting mission for Gen. Philip Sheridan in Virginia's Shenandoah Valley. He was returned with solemn honors to Washington, where Lincoln, Stanton and other dignitaries joined his father for the funeral and burial in Georgetown. The loss of his "noble precious son" only deepened Meigs' antipathy toward Robert E. Lee.
"The rebels are all murderers of my son and the sons of hundreds of thousands," Meigs exploded when he learned of Lee's surrender to Grant on April 9, 1865. "Justice seems not satisfied [if] they escape judicial trial & execution... by the government which they have betrayed [&] attacked & whose people loyal & disloyal they have slaughtered." If Lee and other Confederates escaped punishment because of pardons or paroles, Meigs hoped that Congress would at least banish them from American soil.
Lee avoided the spectacle of a trial. Treason charges were filed against him but quietly dropped, almost certainly because his former adversary, Grant, interceded on Lee's behalf with President Andrew Johnson. Settling in Lexington, Virginia, Lee took over as president of Washington College, a struggling little school deep in the Shenandoah Valley, and encouraged old comrades to work for peace.
The Lees would spend the postwar years trying to retake possession of their estate.
Mary Lee felt a growing outrage. "I cannot write with composure on my own cherished Arlington," she wrote to a friend. The graves "are planted up to the very door without any regard to common decency....If justice & law are not utterly extinct in the U.S., I will have it back."
Her husband, however, kept his ambitions for Arlington hidden from all but a few advisers and family members. "I have not taken any steps in the matter," he cautioned a Washington lawyer who offered to take on the Arlington case for free, "under the belief that at present I could accomplish no good." But he encouraged the lawyer to research the case quietly and to coordinate his efforts with Francis L. Smith, Lee's trusted legal adviser in Alexandria. To his elder brother Smith Lee, who had served as an officer in the Confederate navy, the general admitted that he wanted to "regain the possession of A." and particularly "to terminate the burial of the dead which can only be done by its restoration to the family."
To gauge whether this was possible, Smith Lee made a clandestine visit to the old estate in the autumn or winter of 1865. He concluded that the place could be made habitable again if a wall was built to screen the graves from the mansion. But Smith Lee made the mistake of sharing his views with the cemetery superintendent, who dutifully shared them with Meigs, along with the mystery visitor's identity.
While the Lees worked to reclaim Arlington, Meigs urged Edwin Stanton in early 1866 to make sure the government had sound title to the cemetery. The land had been consecrated by the remains buried there and could not be given back to the Lees, he insisted, striking a refrain he would repeat in the years ahead. Yet the Lees clung to the hope that Arlington might be returned to the family—if not to Mrs. Lee, then to one of their sons. The former general was quietly pursuing this objective when he met with his lawyers for the last time, in July 1870. "The prospect does not look promising," he reported to Mary. The question of Arlington's ownership was still unresolved when Lee died, at 63, in Lexington, on October 12, 1870.
His widow continued to obsess over the loss of her home. Within weeks, Mary Lee petitioned Congress to examine the federal claim to Arlington and estimate the costs of removing the bodies buried there.
Her proposal was bitterly protested on the Senate floor and defeated, 54 to 4. It was a disaster for Mary Lee, but the debate helped to elevate Arlington's status: no longer a potter's field created in the desperation of wartime, the cemetery was becoming something far grander, a place senators referred to as hallowed ground, a shrine for "the sacred dead," "the patriot dead," "the heroic dead" and "patriotic graves."