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<br /> <br />three principles: (1) that certain types of property are unique and <br />should not be privately owned; (2) that the state holds these types <br />of properties as sovereign for the benefit of all people; and (3) that <br />portions of trust property may be disposed of if it furthers the public <br />interest. In the words of the court- <br /> <br />I am further of opinion, that, upon the revolution, all these royal <br />rights became vested in the people of New Jersey, as the sovereign <br />of the country, and are now in their hands; and that they, having <br />themselves, both the legal title and the usufruct, may make such <br />disposition 0 them, and such regulation concerning them, as they <br />may think fit; that this power of disposition and regulation must be <br />exercised by them in their sovereign capacity; that the legislature <br />is their rightful representative in this respect, and, therefore, that <br />the legislature, in the exercise of this power, may lawfully erect <br />ports. harbors, basins, docks, and wharves on the coasts of the sea <br />and in the arms thereof, and in the navigable rivers: that they may <br />bank off those waters and reclaim the land upon the shores; that <br />they may build dams, locks, and hridges for the improvement of <br />the navigation and the ease of passage; that they may clear and <br />improve fishing places, to increase the product of the fishery; that <br />they may create, enlarge, and improve oyster-beds, by planting <br />oysters therein in order to procure a more ample supply; that they <br />may do these things, themselves, at the public expense, or they <br />may authorize others to do it by their own labor, and at their own <br />expense, giving them reasonable tolls. rents, profits, or exclusive <br />and temporary enjoyments; but still this power, which may be thus <br />exercised by the sovereignty of the state, is nothing more than <br />what is called the jus regium, the right of regulating, improving, <br />and securing for the common benefit of every individual citizen. <br />The sovereign power itself, therefore cannot, consistently, with <br />the principles of the law of natnre, and the constitution of a well- <br />ordered society, make a direct and absolute grant of the waters of <br />the state, divesting all the citizens of their common right. It would <br />be a grievance which never could he long borne by a free people. <br />Arnold, pages 369-370. <br /> <br />The United States Supreme Court relied on this decision in <br />Martin v. Lessee of Waddell, (1842) 41 U.S. (16 Pet.) 367, a case that <br />also involved the use of oyster beds in New Jersey. Waddell claimed <br />the exclusive right to take oysters by virtue of his grant from the <br />Duke of York. The court arrived at the same conclusion as the court <br />in Arnold v. Mundy- <br /> <br />74 CALIFORNIA WATER <br />