It is a doctrine of the Church of Rome, that the priest, by a secret direction of his intention, can invalidate any sacrament. This position is derived from a strict and regular prosecution of the obvious truth, that empty words alone, without any meaning or intention in the speaker, can never be attended with any effect. If the same conclusion be not admitted in reasonings concerning civil contracts, where the affair is allowed to be of so much less consequence than the eternal salvation of thousands, it proceeds entirely from men’s sense of the danger and inconvenience of the doctrine in the former case: And we may thence observe, that however positive, arrogant, and dogmatical any superstition may appear, it never can convey any thorough persuasion of the reality of its objects, or put them, in any degree, on a balance with the common incidents of life, which we learn from daily observation and experimental reasoning.]
These reflections are far from weakening the obligations of justice, or diminishing anything from the most sacred attention to property. On the contrary, such sentiments must acquire new force from the present reasoning. For what stronger foundation can be desired or conceived for any duty, than to observe, that human society, or even human nature, could not subsist without the establishment of it; and will still arrive at greater degrees of happiness and perfection, the more inviolable the regard is, which is paid to that duty?
The dilemma seems obvious: As justice evidently tends to promote public utility and to support civil society, the sentiment of justice is either derived from our reflecting on that tendency, or like hunger, thirst, and other appetites, resentment, love of life, attachment to offspring, and other passions, arises from a simple original instinct in the human breast, which nature has implanted for like salutary purposes. If the latter be the case, it follows, that property, which is the object of justice, is also distinguished by a simple original instinct, and is not ascertained by any argument or reflection. But who is there that ever heard of such an instinct? Or is this a subject in which new discoveries can be made? We may as well expect to discover, in the body, new senses, which had before escaped the observation of all mankind.
But farther, though it seems a very simple proposition to say, that nature, by an instinctive sentiment, distinguishes property, yet in reality we shall find, that there are required for that purpose ten thousand different instincts, and these employed about objects of the greatest intricacy and nicest discernment. For when a definition of property is required, that relation is found to resolve itself into any possession acquired by occupation, by industry, by prescription, by inheritance, by contract, &c. Can we think that nature, by an original instinct, instructs us in all these methods of acquisition?
These words too, inheritance and contract, stand for ideas infinitely complicated; and to define them exactly, a hundred volumes of laws, and a thousand volumes of commentators, have not been found sufficient. Does nature, whose instincts in men are all simple, embrace such complicated and artificial objects, and create a rational creature, without trusting anything to the operation of his reason?