hts to
the deaf, these being in some cases as far as the policy of the law
would permit. In a few instances a not unsympathetic attitude was
displayed towards them. In the early Roman law and in some other systems
word of mouth was necessary to accomplish certain legal acts, and this
of course bore hardly upon the deaf. In all cases it was the deaf-mute
from birth who suffered most. On this subject, see A. C. Gaw, "The Legal
Status of the Deaf," 1907; H. P. Peet, "Legal Rights and
Responsibilities of the Deaf," 1857 (Proceedings of Convention of
American Instructors, iv., p. 17).

[62] Constitution, 1890, sec. 243. The blind are also included in the
exemption.

[63] In New York we find an early reference to the deaf in the rules
adopted in 1761 by the state assembly regarding suffrage qualifications
in the election of its own members, one of which rules declared that "no
man deaf and dumb from his nativity has a vote," though this may have
been partly due to the fact that nearly all voting then was _viva voce_.
William Smith, "History of the Late Province of New York," 1830, ii., p.
358.

[64] Laws, p. 110. A Kentucky statute refers to "idiots and those by
speech or sign incapable" of understanding (Stat., 1894, Sec. 2149), but
the deaf may not necessarily be included.

[65] Cod. Laws, 1865, ch. 3, Sec. 2; 1884, Sec. 1378.

[66] Civ. Code, 1838, Sec. 1852; 1898, Sec. 1591.

[67] In 1849 New York required the masters of ships landing in New York
City to report to the mayor what passengers were deaf, blind or insane.
Laws, ch. 350. See also Laws, 1851, ch. 523; 1881, ch. 427. See Public
Statutes of Massachusetts, 1882, p. 468. The present United States
immigration laws do not directly exclude the deaf, but they have been
thought at times to have been made to bear unduly upon them.

[68] Code, 1911, Sec. 559. The application is to "proprietors of circuses
and other migratory companies."

[69] In a few states, as California and New York, attempts have been
made to secure laws barring the deaf from licenses to run automobiles.
Such measures, however, are to be regarded less as discrimination
against the deaf than for the public safety.

[70] Laws, 1776, ch. 20.

[71] Laws, 1818, p. 342; 1840, p. 345; Code, 1911, Sec. 3089.

[72] Laws, p. 128.

[73] Laws, 1838, p. 40; 1841, p. 573.

[74] Rev. Stat., 1883, ch. 142, Sec. 2.

[75] Digest, 1894, Sec. 3571; 1904, Sec. 3760.

[76] Stat., 1872, p. 672; Rev. Stat.