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 discriminatory laws have been enacted. Next, the deaf have been thought to need special consideration or protection on the part of the state, and laws have been passed for the appointment of guardians or otherwise for their security or benefit. The third class of legislation is where the state bases its action upon the supposed weakness of the deaf, their "physical disability," as it is frequently termed, and here we have a series of what may be called negative benefactions, designed to make less hard the way of the deaf. Such