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326 OP THE RISE, PROGRESS, ETC.fining its different forms by laws is then for the first timeperceived, because land is, from its nature, the only permanent object of this right 1Although a state, then, may be conceived in theory toexist without propertyin land, yet in reality the one cannever exist without the other ;and it is the neglect withwhich this fact has been passed over, that has mainly contributed to give to political systems that character of visionary speculation, which must in all theories attend theomission of such pointsas are necessary to their practicalapplication.A sufficient proof of this is furnished by the notion of a" state of nature," and the uses to which it has been putFor if this imaginary condition be opposed to civil society, and the latter can only exist where there are fixedabodes and landed property,we must conclude that all nations unprovided with these are living in a state of nature.From this it follows, that "the state of nature" embracesunder it all those conditions which may be imagined toexist before the institution of civil society.But as amongthese there are marked gradations, gradations which cannotescape the merest tyro in history, the only conception of " thestate of nature" at which we arrive, is negative; that is,it excludes what does not belong to it, without definingwhat does : it excludes " civil society," but it does not define the positive condition which the term " state of nature"is intended to denote.This consideration, however, did not once enter theminds of our theorists. Each contemplated his own stateof nature as something positive, and gave such a description of it as best pleased himself. No wonder, then, thatthere should be a little variety in the picture ! Hobbesconceived the first design.^ [Thus, in early times, the law of England seems to have taken no cognizance of moeable property, but to have confined itself to " things that are .in their nature more permanent and imrnoveable, as lands and houses, andthe profits issuing thereout/' And although commerce, by the vast increaseof moveable property which it has caused, has naturally induced greatchanges in the legal contemplation of it, yet the distinction even in name be-'and^^ViV"" P ersonal ' ? Property, the different laws of descent whichthey follow, and the greater solemnities requisite to the transfer and deviseof the former, compared to what are imposed by law upon the latter, showthe secondary place which moveables stilloccupy. See BLACKSTONE, Com.B.II.c.xxiv. TR.]