SOVEREIGNTY. Supranus is a low Latin word, formed from supra, like sub tranus, another low Latin word, formed from subtra. (Ducange in vv.) These words however, though they do not be long to classical Latinity, are formed ac cording to the same analogy as the clas sical word supernus from super. From aprons,* have been derived the Italian soprano or sovrano, and the French souverain, from the latter of which has been borrowed the English word sove reign. In the old English writers the word is correctly spelt several* or sour rein (Richardson in v.) ; the received orthography seems to be founded on the erroneous supposition that the last syl lable of the word is connected with reign, regains. Milton spells the word moron, deriving It from the Italian ; but it passed into our language from the French.
Raving explained the etymology of the word sovereign, and its derivative, sovereignty, we proceed to consider the meaning of the term sovereignty as it is understood by political and juridical writers.
In every society not .ng in a state of nature or a staie of anarchy [ANARCHY], some person or persons must possess the supreme or sovereign power.
The marks by which the possession of the sovereign power may be distin guished are mainly two, the one positive and the other negative ; viz.: 1. A habit of obedience to some deter minate person or persons, by the com munity which he or they assume to govern.
2. The absence of a habit of obedi ence, on the part of the same person or persons, to any person or government.
Whenever these two marks meet in any or body of persons, such person or person possesses the sovereign power ; on the other hand, if either of the two marks be wanting, the person or body is act sovereign. For example, the local
government of Jamaica or Canada, being in the habit of obeying the English par liament, is not a sovereign or supreme government ; whereas the government of Tusmny, or the States of the Church, although it may occasionally defer to the wishes of Austria, is not M a habit of obedience to that or any other state, and therefore is a sovereign government. Again, a body of persons calling them selves a government, but unable through their weakness to secure the habitual obedience of the people, are not sove reign, and would not be recognised as a sovereign government by foreign states.
Inasmuch as it is impossible to fix the precise moment at which a habit of obe dience to a foreign government ceases, it is difficult for foreign states to determine when they will recognise the sovereignty of a territory, once dependent, which has achieved its independence.
The sovereign powers include all the powers which can be exercised by a go vernment. They include the legislative power, the executive power, the power of making prim:to:Oa [Law ; LEMMA TioN], the power of declaring peace and war, and of concluding treaties with foreign states, the power of making con tracts with private individuals, and the power of instituting inquiries.
The sovereign power is unlimitgd by any legal check or control. The skuri ties for its beneficial exercise are de rived exclusively from the balance of in terests and the influence of public opinion.
Sovereign or supreme governments are divided into MoNsacnuss and RE PUBLICS; and REPUBLICS are divided into ARISTOCRACIES and DEMOCRA