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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section VIII : Armistice -- Capitulation - Art. 147.
Art. 147. Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but plenipotentiaries may meet without a preliminary armistice; in the latter case, the war is carried on without any abatement.