Montesquieu seems to be of opinion that as thieves are generally unable to make restitution, it may be just to make theft a capital crime.--But would not the offence be atoned for in a more rational manner, by compelling the delinquent to labour, first for the benefit of the party aggrieved, till recompence is made, and then for the State?[13] [Footnote 13: That acute Reasoner, the Marquis BECCARIA, who wrote after MONTESQUIEU, holds this last opinion.--"A punishment, (says this able writer) to be just should have only that degree of severity which is sufficient to deter others: perpetual labour will have this effect more than the punishment of death." BECC. chap. 28.] According to the present system the offender loses his life, and they whom he has injured lose their property; while the State also suffers in being deprived of a member, whose labour, under proper controul, might have been made useful and productive. Observations have already been made on one consequence of the severity of the punishment for this offence; that persons of tender feelings conscientiously scruple to prosecute delinquents for inconsiderable Thefts. From this circumstance it is believed, that not one depredation in a hundred, of those actually committed, comes to the knowledge of Magistrates. Mixed or _compound Larceny_ has a greater degree of guilt in it than simple Larceny; and may be committed either by taking from a man, or from his house. If a person is previously put in fear or assaulted, the crime is denominated _Robbery_. When a Larceny is committed which does not put the party robbed in fear; it is done privately and without his knowledge, by picking his pocket, or cutting the purse, and stealing from thence above the value of twelve pence; or publicly, with the knowledge of the party, by stealing a hat or wig, and running away. With respect to _Dwelling Houses_ the Common Law has been altered by various acts of Parliament; the multiplicity of which is apt to create confusion; but upon comparing them diligently, we may collect that the following domestic aggravations of Larceny are punishable with death, without Benefit of Clergy.