the state to them.

The state acts on men through the law, and in the law is represented not
only its authority, but its attitude as well towards the problems that
confront society, including the treatment of the various elements of its
population. In this chapter it is our purpose by a study of the law in
respect to the deaf to discover the attitude of the state towards them
and the treatment which it has accorded them.

Generally in ancient and even in more modern days the deaf, especially
the congenitally deaf without education, have been held in the eyes of
the law more or less as though they were an abnormal element in the
state, at times being regarded as though they were of defective minds,
and now and then being considered practically as idiots. Though there
was usually meditated no unduly harsh treatment of the deaf, they were
for the most part deemed incapable of performing the full duties of
citizenship, certain of the rights that belonged to their fellowmen were
denied to them, and they were held in considerable degree in what
amounted to legal bondage. It was only in the course of time in most
countries that the law came to look upon the deaf differently, to regard
them more as normal persons, and to grant them in greater measure the
rights of other men.[61]

In America the attention of the law has been directed to the deaf both
by legislation relating to them, and by court decisions affecting them.
In addition, in the constitutions of a number of states, as we shall
see, provision is made for institutions for the education of the deaf;
and in one state, Mississippi,[62] a provision is found exempting the
deaf from the payment of a poll tax. The law cannot be said to have
concerned itself extensively with the deaf, but the light in which they
have been viewed has been indicated fairly clearly. Judicial _dicta_ and
opinions have been of less frequency and importance than legislation,
and have rather dealt with the mental capacity of the deaf in certain
legal relations and proceedings, as in their responsibility for crimes,
the making of wills, the appointment of interpreters, etc. Legislation
itself has not often been engaged in providing for the deaf as a special
class, beyond maintaining schools for the education of the young. Where
this legislation has taken place, it may be said to be of three kinds.
First, the deaf have been regarded as mentally deficient or incapable of
certain civic acts, and discr