By

Paul Stewart

Copyright Paul Stewart.

FADE IN:

1 EXT - FOOTHILLS - DAWN 1

We hear the sound of rushing water as the sun peaks over

the Sierra mountains, revealing a nature scene which serves as a backdrop for the opening credits. Tall redwoods surround a colorful meadow with a river running through it. It is spring and small pockets of melting snow dot the landscape. We spot a grisly bear wading in the river. The bear shoves his head into the water and comes up with a fish in his teeth.

The camera pulls back to an expansive shot of an entire valley. The undisturbed foothills of California are the backdrop for a ROLL-UP:

In 1839 California was a Mexican province isolated from the United States by high mountains and broad deserts. Although the land was under Mexican authority, they had shown little interest in the province after achieving independence from Spain in 1823.

Along the coast were sleepy villages and decaying missions with almost no communication from the United States. Trade was discouraged. The few Yankees that lived there were sailors who'd jumped ship, trappers and fugitives from the East.

Inland California was an unsettled, wild land of scattered Indian tribes. During the summer of 1839 a charismatic Swiss pioneer arrived with the ambition to be the first to build a permanent settlement inland west of Missouri and to make California his own kingdom. His name was John Sutter, and this is his story.

2 EXT - FOOTHILLS - MEADOW - EARLY MORNING

Caption reads: "MEXICAN CALIFORNIA, 1842."

A continuation of nature scenes: Deer are nibbling at a bush. The deer scatter as the tranquility of the scene is suddenly broken by the sound of hoofbeats. The galloping echoes across the terrain.

3 ANGLE - RIDERS 3

As the morning sun comes over the ridge into a dry gulch so do THREE RIDERS. They come thundering into the scene. The trio are scruffy, hardbitten mountain men who are galloping their way to lower ground. They appear to be determined to get somewhere fast.

The riders come upon a group of four INDIANS who are walking along a trail on foot. The Indians jump out of the way as the three horsemen fly past them.

Fade to black and silence. In the darkness we hear a woman singing. She is singing a song in Hawaiian and she has a lovely voice.

4 INT - JOHN SUTTER'S PRIVATE QUARTERS - DAY 4

We fade into the living quarters of John Augustus Sutter one hundred and fifty years ago. Camera pans around a large room with adobe walls, decorated with Spanish style furnishings. Light from the morning sun floods the room which is cluttered with books and piles of parchment paper. Some of the papers are letters and notes covered with longhand. Despite the sparse furnishing the room has a stately appearance.

5 WINDOW - MANUIKI 5

The camera stops to take notice of a beautiful Hawaiian woman gazing out the open window, brushing her long brown hair, basking in the sun and singing to herself.

The lovely exotic woman is dressed in a robe, she has recently awakened. She is MANUIKI. Manuiki is in her mid 20s, she has dark silky skin and a Polynesian accent. At her feet is a large HONOLULU BULLDOG.

She notices John Sutter across the room and turns to talk to him. The camera assumes his point of view and we do not see what he looks like for the next few scenes.

MANUIKI

Oh, Jonathan, do you have to put your uniform on this early?

(CONTINUED)

-3-

5 CONTINUED: 5

There is a loud knock at the door, the bulldog barks. An urgent voice in Spanish tells Captain John Sutter to hurry, there is trouble outside the fort.

MANUIKI

Go fast.

(she smiles)

Do not rip your fancy new clothes.

6 EXT - FORT COURTYARD - SUTTER'S P.O.V. 6

Camera continues Sutter's point of view as he comes out of the second story of the fort's main building, down exterior wooden steps and into the courtyard. Following him is his loyal bulldog.

The main building is two stories tall and sits in the middle of the fort. Although still under construction, the almost completed outpost is 300 feet long and 160 feet wide.

15 feet in from the main wall of the fortress is a second wall. This inner area surrounding the fort is covered by a roof and is divided into rooms all the way around: a kitchen, bakery, blacksmith shop, a blanket-weaving shop etc. The weather is mild most of the time so a lot of the work is done outside of the various shops.

On this morning the adobe stronghold bustles with activity. In 1842 Fort Sutter was a racially mixed atmosphere: Indians from various local tribes are in the majority, and there are European immigrants, Americans, Mexicans, several Hawaiians (also called Kanakas) and even a black pioneer or two.

7 ANGLE - WORKERS FINISHING WALL 7

At one end of the settlement a team of Indian workers are putting the last of the huge adobe bricks into place. The walls are three feet thick and 18 feet high.

Some of the Indians are neat and well dressed, wearing Spanish-made clothes; other native workers appear neglected - they are in rags and look like savages.

8 ANGLE - FORT'S KITCHEN 8

At the other end of the fort a large group of men are seated at long tables having an outdoor breakfast. They are mostly local Indians, but their dress is unusual - they wear recently purchased secondhand Russian army uniforms. The colorful outfits are in good condition and are worn with pride.

As Sutter swiftly walks through the courtyard he passes by several of his workers who greet him in English, German, Spanish, Indian and Hawaiian. They are all delighted to see him. A few even appear to look upon him as royalty.

9 EXT - OUTSIDE FORT MAIN ENTRANCE - DAY 9

Sutter makes his way out of the large entrance and down the knoll the fort is perched on. Only a handful of people are working outside of the fort's walls.

Thirty feet away we see the three riders from the opening scene. They are now resting on their mounts, or standing near their horses. A couple of Indian workers are watching the men, but are keeping their distance. It seems the men have been waiting to see Sutter. They are ANDY, JASON and W. BRICKER. They chew on jerky, looking mean, dusty and don't seem to have a care in the world.

ANDY

(smiling)

Well, heck, this has gotta be him.

JASON

Speakin' of the devil. Right here in the middle of the God-forsaken wilderness and he's dressed for a parade.

ANDY

If it ain't the Lord and master of the Sacramento Valley.

10 ANGLE - JOHN A. SUTTER 10

Cut to a shot of Captain John Augustus Sutter. At last we see the Captain standing before the men. With his fort in the background, he is a sight to behold. He looks grand and gracious in a Spanish style military uniform, with all the trimmings including tassels on his shoulders. He also sports a sword. Sutter is muscular, lean and quite handsome. He is in his late 30s, but his age is indeterminate as he is passing himself off as much older.

The well-dressed pioneer has big silvery blue eyes and thick, wavy light-colored hair. His hairline is receding but his thick curly locks cover it. He speaks perfect English with slight traces of a Swiss/German accent. Without seeming too conceited, Sutter has a regal air about him and his manners are impeccable.

(CONTINUED)

-5-

10 CONTINUED: 10

SUTTER

(happy to see them)

Good morning gentlemen, welcome to New Helvetia. You sound like Yankees.

JASON

We came trappin' here few years back. Said, fine place to start a tradin' post. Everyone else that tried it was kill't or run off by the natives!

SUTTER

That is because they were not polite. Why don't you boys please come into my fort, feed your horses and let me set you up. Tortillas and hot corn muffins?

ANDY (ignoring the invitation)

I told Jason here, you'd have a right nice outpost, what with the two rivers, one leading into the San Francisco Bay. And a passage over the Sierra.

JASON

How come the Mexicans give you all this land free o' charge?

SUTTER

You might have noticed I have an irresistible charm. You men look like you've been dead for days...and you smell much worse.

He insults them while still acting very polite and aristocratic. Andy, who has climbed off his horse, gives him a blank look then spits a wad of his jerky at Sutter's feet, hitting his freshly polished boots. A few of the Indians working outside the fort start to make advances toward the troublemakers. Sutter motions them back.

SUTTER

I am Captain John Augustus Sutter, government representative of the Sacramento district of Alta California. I kindly ask that you wipe off my boot and if you refuse, you will get no hot corn muffins.

Andy starts to spit again when Sutter kicks his legs out from under him and he falls flat on his back. Jason jumps off his horse and lunges at Sutter, grabbing him around the neck. The Swiss Captain is light on his feet and experienced in hand-to-hand combat. He elbows Jason, then flips him over on the dirt. Andy begins to rise and Sutter reaches for his sword, swings it out and holds it in front of Andy's face, keeping him on the ground.

With his free hand Sutter takes out a handkerchief and gives it to Andy, then holds out his boot for him to wipe. Finally the third member of the party speaks up. His name is W. Bricker. Although he looks scruffy he does not have a hillbilly accent like the other two, but a refined sounding voice. He grabs Sutter on the arm trying to prevent him from spearing Andy.

BRICKER

Captain, we simply wanted to meet you!

Sutter calls out a few words in Hawaiian. His Honolulu Bulldog strikes at Bricker, biting him in the calf and pulling him to the ground.

ANDY

The man is a lunatic!

Jason is still on the ground. His hat has fallen off and is on the ground next to him. He sits up and pulls a pistol out of his shirt, aiming it at Sutter. The Captain yells out a few words in Indian. A shot rings out hitting Jason's hat, knocking it back a foot. A second latter another bullet hits the hat again. Jason drops his gun.

11 ANGLE - FORT TOWER 11

Stationed at the lookout tower is an Indian armed with a rifle and dressed in a Russian Guard uniform.

SUTTER

(to Bricker)

Mishea. A few years ago he was naked, gathering acorns. Now, he's a marksman.

Bricker is sprawled on the ground holding the large bite on his leg and cursing. Sutter examines the wound.

BRICKER

I've rode two thousand miles through Indians and outlaws only to be killed by a dog belonging to some king of the river!

(CONTINUED)

-7-

11 CONTINUED: 11

SUTTER

From now on you will address me as Captain J. A. Sutter.

BRICKER

(He groans)

Yeah.

SUTTER

Say to me "you are the Lord and master of New Helvetia."

BRICKER

Yes.

Sutter leans down and grabs Bricker by the lapels and looks at him face to face. When the Captain becomes angry or when he's excited his distinctive silver blue eyes light up and he has a gaze that is penetrating.

SUTTER

SAY IT!

JASON

Damn it, just go an' say it!

BRICKER

You are the Lord and master of new Helvetia.

Sutter smiles.

12 EXT - FORT COURT YARD - DAY 12

W. Bricker is now laid out on a table outside the fort's infirmary. Being resident medic, Sutter himself is sewing up Bricker's leg with crude stitches. The Captain's mistress, Manuiki, comes out of the infirmary and sets some bandages down by the patient. Bricker is in pain, biting a piece of leather, but he smiles when he sees the pretty Polynesian.

BRICKER

Ouch!

SUTTER

Excuse me, my friend. My training as fort doctor consists of reading a medical book.

BRICKER

Why you?

SUTTER

I'm the only one who can read.

(CONTINUED)

-8-

12 CONTINUED: 12

MANUIKI

No, no. He treats everyone.

Delivers all the babies.

Goes without sleep at times.

Sutter finishes sewing and wraps the leg in a bandage.

BRICKER

Sorry for the trouble, sir, Captain Sutter.

SUTTER

You are not a trapper are you? Or a spy sent by the American government?

BRICKER

No. I'm from Boston. Met those two in Missouri. They let me tag along. I'm here because I'm a newspaper writer.

SUTTER

Mister Bricker, there is not a newspaper printed in all of California, not even in Spanish.

BRICKER

I plan to travel back to Boston and write stories about my visit. There is so much gossip growing about you and this place, Captain.

JOHN BIDWELL enters the scene. He is an attractive man of 23. He is Sutter's chief clerk and right-hand man of the settlement. And a close friend of Sutter's despite their being complete opposites. Sutter is Swiss, loud and robust, easy to laugh and quite irreverent.

Bidwell, on the other hand, is an American, he is very religious, a former school teacher and although he can come up with a good phrase or two, he is reserved and almost always serious. He is holding a piece of paper for Sutter to sign. He thinks nothing of interrupting the Captain, but talks softly.

BIDWELL

Captain, Vallejo wants your signature on the note for the oxen.

Sutter finishes the dressing, then reaches into his coat and takes out a whiskey flask and has a few sips.

(CONTINUED)

-9-

12 CONTINUED: 12

SUTTER

All finished. You'll be running about in no time. But you'll have quite a scar.

BIDWELL

Captain, it has to be done now.

SUTTER

(ignoring Bidwell)

More talk about us over in the U.S. is there?

BRICKER

Oh, yes. You are really respected here. Treated like a king.

BIDWELL

(fed-up)

Will his majesty please give me

his signature before the year is over!

SUTTER

(to Bidwell)

It is only April!

(to Bricker)

How can I make your stay a happy one? Simply point to the women who catches your eye and she is yours.

W. Bricker grins ear to ear. Sutter snatches the document from Bidwell and begins to read it over. Bricker looks around and sees a couple of Indians who are openly flirting with a couple of white men who have stopped working. Then he notices the blacksmith, who sets down his tools for a moment and gives an Indian women a big kiss. Another women comes over bringing him a corn muffin. He puts his arm around her.

These being everyday occurrences at the fort, no one takes much notice with the exception of Bidwell who is not fond of the promiscuous atmosphere of this part of the frontier.

BIDWELL

(to Bricker)

Sir, such acts of pleasure outside of marriage were the rule to these people long before we came. The local tribes have their own set of values and I

(more)

(CONTINUED)

-10-

12 CONTINUED: 12

BIDWELL(cont)

respect it, but simply crossing over the Sierra does not mean you/have to abandon your upbringing like the Captain has and become a sexual deviate.

BRICKER

That women, yes.

He ignores Bidwell and points to Sutter's mistress, Manuiki, who is out of earshot. Sutter is still reading the note.

BIDWELL

No, don't say that.

BRICKER

I have been on a horse for two months! That one, the Hawaiian!

Sutter quickly gets angry and grabs Bricker by the labels.

SUTTER

You are lucky I ordered my dog to bite only your leg!

ESTABLISH SHOT:

13 EXT - MAIN BUILDING OF FORT - NIGHT 13

14 INT - DINNING ROOM - NIGHT 14

Dinner is over and Sutter is sitting at a large table with Manuiki, Bidwell and some of his top staff; HANK, a somewhat tubby German who is the main carpenter and PEIRCE READING, an American who is the number two clerk behind Bidwell.

W. Bricker is seated to Sutter's left and has an Indian woman on his right arm. Two Hawaiian servants are clearing the table.

Everyone is in good spirits. Sutter has obviously been drinking. He has just finished acting out a story and is using his butter knife to simulate a sword. The others are laughing.

SUTTER

(waving knife)

Fizzle, wet powder for my musket! I said, lay down your arms in the name of Charles the Tenth of France!

(CONTINUED)

-11-

14 CONTINUED:

HANK

(laughing)

Oh, Captain, how did you kill four men with a butter knife?

SUTTER

I gouged out their eyes!

Everyone except Sutter and W. Bricker slowly rise and either leave or move to sit by the fireplace.

BRICKER

I'd like to hear about how you came to be here. What happened to your accent?

SUTTER

I was a merchant in the U.S. for several years. I labored hard to lose my thick European tongue...As a boy in Switzerland, I watched Napoleon's army march by. I dreamed of adventure. One day I grew tired of my duties as an officer in the Royal Swiss Guard of France. I resigned and booked passage to America. Eventually, I made my way to Oregon, from there Hawaii and then the end of my journey, California.

CLOSE UP of Sutter as he begins to flash back to when he first entered California.

DISSOLVE TO:

15 EXT - MONTEREY HARBOR - DAY 15

Caption reads: "Monterey Harbor 1839"

We see a huge ship (an 88 ton brig) sailing into port. The Harbor is quite picturesque. Sutter is on deck, he is not wearing a uniform, but is well dressed and looks princely as always. Also on deck are his recently hired helpers: the German Hank and several Kanakas/Hawaiians including Manuiki and her husband called Kanaka Harry.

Manuiki carries the bulldog (now only a puppy) and hands it to Sutter. His eyes are glowing with excitement as he looks out at the beautiful scenery.

(CONTINUED)

-12-

15 CONTINUED: 15

SUTTER (V.O.)

We pulled into Monterey harbor, in the summer of 1839. While in the sandwich islands I'd enlisted the services of two German carpenters and nine Hawaiian servants. As I was well equipped with letters of introduction from various heads of state, I was assured an audience with the Governor of this sleepy Mexican province..

- ESTABLISH SHOT - MONTEREY

16 EXT - GOVERNOR'S OFFICE - DAY 16

17 INT - GOVERNOR'S OFFICE - DAY 17

The governor's office is a large, simple adobe structure with Spanish furniture. We see Sutter standing before GOVERNOR JUAN ALVARADO and pitching himself to the head of California.

He has brought the 30 year-old governor wine and pineapples. Alavarado is reading Sutter's many letters of introduction. He smiles, and it is obvious that he has taken an instant liking to the handsome Swiss pioneer.

SUTTER(V.O.)

I learned that California was in a constant state of political distress. Governor Alvarado was only thirty years of age and he himself, had just overthrown another Governor.

The governor is pointing to various locations on the 1839 map of California. There are a few towns marked along the coast, but no markings inland. Arizona and Nevada are all part of California. [In 1839 Independence Missouri (two thousand miles away) was the last outpost before the drop-off point of the United States. There were no inland settlements west of Missouri.]

Alvarado points to a spot 100 miles inland where two rivers meet. The larger of the two rivers runs into the San Francisco Bay.

(CONTINUED)

-12-

17 CONTINUED: 17

SUTTER(V.O.)

He showed me Los Angles, Monterey, San Francisco, and further north up the coast where Russian fur trappers had built a fortress. I told him I intended to settle inland. He laughed and said I would not live out the year because of the bands of bloodthirsty savages. He also told me about his uncle, a General in the Mexican army who had a ranch north of the San Francisco Bay.

18 ANGLE - GOVERNOR'S DESK 18

A short while later the Governor is writing a large document on parchment paper for Sutter.

SUTTER (V.O.)

Nonetheless he offered me a land grant of eleven leagues of soil. And a document that would allow me to land in the port of San Francisco to purchase supplies.

Caption: "San Francisco (Yerba Buena)"

19 EXT - SAN FRANCISCO BAY - DAY 19

San Francisco is nothing more than a sleepy Mexican Village. We see Sutter at the port negotiating with several Mexican merchants. His Hawaiian workers are loading supplies onto a small schooner made for river travel. Supervising the loaders is a hearty looking sun-baked Irish immigrant. He is the SKIPPER of the schooner.

SUTTER(V.O.)

We sailed up the coast to the harbor. I met an Irish sailor who had been a smuggler and had jumped ship some years ago. He now owned several small schooners.

20 NEW ANGLE 20

We see several beat-up looking sailors, mostly Mexican, but also a couple of Anglo men who are hanging around the dock with nothing to do. They stare at the Captain and his crew.

21 EXT - SONOMA - VALLEJO'S RANCH AND GARRISON - DAY 21

(CONTINUED)

-14-

21 CONTINUED: 21

SUTTER(V.O.)

Before our journey inland by river, I decided I would visit both the Governor's uncle the General and the Russian colony further up the north coast.

A wagon is escorted onto a military post by two men on horseback in Mexican army uniforms. The army garrison is spread across a large ranch, with barracks, a barn and an impressive Spanish-style main house at the end of the road. Corrals of horses, cattle and other livestock surround the garrison. A few of the Mexicans are cowboys who are working the ranch, the rest are soldiers who are doing a marching drill.

We see Captain Sutter seated in the front of the wagon along with a Mexican guide. Riding in the back of the wagon are Manuiki, her brother and her husband Kanaka Harry.

The wagon pulls up to the front of the main house. From outside of the hacienda steps GENERAL MARIANO VALLEJO. The General is middle-aged, with white hair and large sideburns. Dressed in full military uniform, Vallejo has a polished majestic appearance. He is similar to Sutter in that respect, but the General has a somewhat pompous air about him. He is stiff while Sutter is completely at ease.

Vallejo greets his visitors in Spanish as they step off the wagon. Manuiki introduces them in Spanish. Vallejo says a few words to her in Spanish, then speaks English. Vallejo is an educated and well-traveled man. His English is good but he has a thick accent.

VALLEJO

I know a some English, no German or French.

SUTTER

(smiling)

Very pleased to make your acquaintance, sir. This place is magnificent. I am Captain John A. Sutter.

He reaches out to shake Vallejo's hand. The General smiles, but walks right past him. He is friendly to the others, but cold to Sutter.

VALLEJO

Welcome. I am Mariano Vallejo, Commandant General of the forces of Sonoma and upper California.

(CONTINUED)

-15-

21 CONTINUED: 21

Sutter takes out a letter and hands it to Vallejo.

VALLEJO

You are the man they are talking about at the harbor. Buying up everything, no? Big men in the Sandwich Islands have invested in you, yes?

(reads letter)

Ah, my nephew, the Governor.

SUTTER

I myself am a former Captain for the Royal Swiss Guard of Charles the Tenth of France. And-

VALLEJO

(doesn't look up from letter)

We are a long way from Switzerland, Mister Sutter...

My nephew says he has not seen a man with more letters of introduction to his credit.

SUTTER

It is my wish to purchase some livestock from you.

(looking around)

You have such a lovely estate.

VALLEJO

(glancing up from reading)

You say my place is lovely. A lot of sweaty men? This is beauty.

The General gazes at Manuiki. He takes her hand and kisses it.

SUTTER

(annoyed at Vallejo)

Manuiki, a very able helper I have signed on. Her brother also named Manuiki and her husband Kanaka Harry.

The General is amused that Manuiki and her brother go by the same name. He speaks more Spanish to Manuiki; she speaks a few words back to him. Sutter listens and is frustrated that he does not understand the words completely.

(CONTINUED)

-16-

21 CONTINUED: 21

MANUIKI

He says he hopes you settle near here, that coastal areas are large and unoccupied.

SUTTER

She grew up studying languages for King Kamehameha in Honolulu.

Sutter ushers Vallejo away from Manuiki and the other men, to where they can talk privately. The Mexican guide joins Kanaka Harry in tending to the horses. A Mexican woman comes out of the house and brings them glasses of water.

The men are very similar; they are experts at charm and diplomatic intercourse. The underlying tension between the two is immense.

SUTTER

Oh, General, I implore you. I don't wish to be too close to a military operation. It is my understanding that one must take off one's hat in your presence...I want wilderness, inland. A navigable river. You will still be my nearest neighbor. Your nephew said-

VALLEJO

My nephew believes that he runs California! Mexico City is one thousand miles away. We are an isolated province. When you Yankees elect a new president we do not hear about it for six months.

SUTTER

I am Swiss.

VALLEJO

Of course...If you intend to do something so dangerous, perhaps you should let the women of your party stay here until you are settled.

SUTTER

No. They are in my employ.

(CONTINUED)

-17-

21 CONTINUED: 21

VALLEJO

Slaves, oh? Like the gringos in America who have farm hands in chains? Stolen from Africa.

SUTTER

A three year contract at ten dollars a month.

VALLEJO

And that includes all kinds of services I suppose, yes?

SUTTER

(angry)

I implore you to explain yourself?!

VALLEJO

(chuckles)

I know the mating customs of those from the islands, much the same as the Indians up the river. There is no word for ownership in their language; they share/everything. A man of power such as you - it would be a great honor for one of them to give you his wife.

SUTTER

Please allow me the courtesy of your trust, my good man. I have brought books on agriculture, I have provisions, and science not available here.

VALLEJO

There are a handful of white men already here. Trappers, sailors and wanted men from your eastern United states.

SUTTER

I am Swiss!

VALLEJO

Of course. My nephew would not give a land grant to a Yankee. Now as for those Russians up the coast, they...

SUTTER

They are my next visit. I met a number of them in Alaska. Fine men they are.

(CONTINUED)

VALLEJO

Well, they are all as white as you. But I must say you are the most courteous.

SUTTER

It is my wish to become a naturalized Mexican citizen. And live among you. I expect others from my homeland to follow.

VALLEJO

What do you run away from, Captain Sutter?

SUTTER

I beg your pardon!

VALLEJO

This is the other end of the world. The safe end. You want to venture down the Sacramento River to where packs of wild, horse-thieving, savages live?

SUTTER

(nods)

I lived for a time in Santa Fee, and traded with the Delaware Indians. Taming the red man is no secret, all you have to do is be polite.

The General is taking a drink and he almost spits his water out laughing at Sutter's remark.

VALLEJO

Long ago the Spanish tried to build a mission up there. You'll end up dead, or at the very least without your horse!

(sighs, refers to letter)

The governor says the location of your fortress could discourage American settlers from coming over the Sierra. I suppose I could provide you with livestock.

(firm)

But understand that although my nephew believes he runs California, I/ am the one who makes the decisions.

(CONTINUED)

-19-

21 CONTINUED: 21

SUTTER

(polite as can be)

Of course, then by all means, please promise me that you will be my guest at Fort Sutter when it is built.

Vallejo laughs and shakes his head at Sutter.

22 EXT - CALIFORNIA REDWOODS - DAY 22

A serene, breathtaking scene of one of the world's richest redwood forests along the northern coast of California.

Streams of light filter through the dense timber. We spot Sutter's party in a wagon, weaving along a narrow trail through the forest. Following them is another wagon driven by two of Vallejo's men. Sutter is enthralled by the sheer size of the ancient trees, some centuries old.

SUTTER

We rest the horses here.

Please tell your husband to let us alone for awhile.

They climb off the wagon. Manuiki says a few words in Hawaiian to her husband and he smiles. Manuiki's husband and the Mexican guide walk down the trail to meet up with the other wagon.

SUTTER

(lyrical)

By Jo, is this the richest land on Earth!...This is Eden.

MANUIKI

You could hide a team of horses in that tree.

SUTTER

Your husband is honored I have taken a fancy to you.

MANUIKI

He believes it will help us to have a house of our own someday. You were with so many women back on the islands, Captain, why do you choose me?

SUTTER

I have been fond of many ladies.

Sutter leans over to kiss her, she backs away.

MANUIKI

I know that you have a wife. How many children did you leave with her in Switzerland?

Sutter cringes, he didn't think she knew he is married. He sighs and answers.

SUTTER

Four.

MANUIKI

Do you not have rules about families remaining together like other whites have?

SUTTER

Yes. Someday, far from now I will send for them. My children must first be educated.

MANUIKI

That is why you come so far? To leave behind all the rules?

SUTTER

Yes. I'm going to build a rural kingdom where no one will give me orders.

Sutter reaches into his coat and takes out a beautiful silver necklace with a jewel on it. She loves it. He puts it on her.

SUTTER

I ask that you be beside me. Like my wife proper.

MANUIKI

You always hide me, in front of whites, I am just your servant...till we are alone.

SUTTER

No more! The place we will build - everyone of all breeds will live as they please.

MANUIKI

(skeptical of him)

You have done a lot of traveling, Captain. I could have stayed in Honolulu and had a good life. You are not the first man who asked me to sail away with him.

SUTTER

(sincere)

Manuiki, never has a women enchanted me as you have.

MANUIKI

I want a home, my own garden, little children at my feet.

SUTTER

We can have anything we desire...You must understand, I was born in a Swiss town in Germany. I was never accepted, I never felt at home before. This can be my/country. There has never been a city where we are going, there is no written history!

MANUIKI

You want to do more than build a fort, to build a city?

SUTTER

(nods)

The Russians will give me a cannon and guns on credit. Then we will journey deep into the interior, away from tradition, away from governments! To put ourselves in history!

Manuiki can't help but believe him. Sutter leans over and kisses her, they embrace. The camera pulls back until they are dwarfed by towering redwoods.

DISSOLVE TO:

Caption: "AUGUST 1839, THE SACRAMENTO RIVER"

23 EXT - SACRAMENTO DELTA - SUTTER'S FLEET - DAY 23

The little fleet of three boats which Sutter has outfitted are working their way up the Sacramento River.

The sun becomes intense as they move away from the coast where the weather tends to be overcast. It is the dog days of summer and the temperature can rise to over 100 degrees.

There are five new sailors including the Irish Skipper and Sutter's original party of 13. The boats are piled high with various provisions. We see a large brass cannon stored on deck.

The river is wide and placid, banked by a jungle of trees and bushes. As the party sails into the wilderness further away from the coastal settlements there is a sense of growing apprehension.

The Swiss Captain, however, is having the time of his life. He wipes the sweat off his face and drinks from a jug of water. He passes the jug to his friend Hank. While leaning over, Sutter smiles then pats his new brass cannon. We see that the cannon has Russian lettering on it.

SKIPPER

(studying an old map)

Early explorers drew very crude maps of this area, Captain, but I believe it will not be long until we run into what is called the American River.

HANK

(getting jittery)

The brush is thick, what if the savages attack us with spears and arrows?

SKIPPER

Aw, you newcomers hear too much about the great nations of warriors on the plains, other side of the Rockies. The central valley hereabouts has small tribes, scattered bands of aborigines. Separated from the rest of the continent by mountains and deserts.

HANK

But they have raided the villages along the coast!

SKIPPER

To steal horses. Oh, they will kill you, but finding food here is easy, the climate and lifestyle makes everyone lazy, like me.

(he chuckles)

SUTTER

Hank, the red man is not greedy like us, he believes in taking only what is needed. He borrows horses from men who have many.

HANK

Is it true they are losing strength - dying of European disease?

SKIPPER

Yes. That's been going on since the Spaniards passed through here three hundred years ago.

SUTTER

(to Skipper)

I could use a knowledgeable man like you in my colony.

SKIPPER

Oh no, Mister Sutter, I will gladly take you to where the rivers meet, then I've got to get back. I'll not live one hundred miles inland.

SUTTER

I've learned how adobe bricks are made. You'll see that I'm going to build a huge fortress.

SKIPPER

That will take more men than the dozen you have.

SUTTER

(confident)

It will be a trading post to link California to the rest of the world.

SKIPPER

(shaking head)

There's no industry in California. Mexico doesn't want the U.S. involved. There is no trade. Smuggling is the only way to make an honest dollar.

24 ANGLE - RIVER'S EDGE 24

Through a clearing in the trees we see an Indian perched on a cliff, a spear at his side. The brave boldly stands there, shirtless with a dark willowy body. He studies the small fleet of strangers drifting by, making no attempt to conceal himself.

25 RESUME - SUTTER'S SCHOONER 25

The men notice the Indian. Sutter smiles and waves to him as though he were a friend. Hank is so afraid he almost falls into the water.

HANK

I saw one, at last, a savage! Ready the weapons!

SUTTER

Sit down!

(excited)

Did you see his dress? During the revolution of 1830, we never had warriors bare chested!

The men glance back up at the cliff and see that the Indian has disappeared.

SKIPPER

I trust he'll run back and tell the others. A party will follow us.

HANK

We'll be scalped by savages!

SKIPPER

They are not all savages. Plenty of them have lived in missions, and know Spanish. Spain tried to teach Christianity to all of them for years.

SUTTER

To them the Christians are the savages! When Mexico became independent fifteen years ago the missions started falling apart.

HANK

Like you Captain, I have a family back in my homeland. I do not wish to be shot full of arrows.

SUTTER

That would spoil the meat! No, they will take us alive. Of course they will cut your throat and eat you/first, then spend weeks fattening up the rest of us!

Hank who is overweight does not think this is the least bit funny. Sutter and the Skipper have a good laugh.

26 EXT - MOUTH OF AMERICAN RIVER - DAY 26

Some time later the boats approach a clearing; they have found the mouth of a smaller but still quite large river called the American. [This is the site of what is now present day Sacramento.]

The swiftly moving messenger had indeed alerted the local natives and they are ready to face Sutter's party. A show of 200 armed warriors begins to come out of the brush. Their bodies are painted yellow, black and red. At first they are silent, they just stare. As Sutter's boat creeps into the clearing it resembles a scene from Apocalypse Now. [But this is a historically documented event.]

Sutter's crew stares back, numb with fear. The Skipper, however, is calm and Sutter is not only calm, he is smiling like a kid going to the circus.

HANK

(whispers)

There are so many. We would be only a snack to them.

SUTTER

They are silent, excellent. It means they will talk. They see we are from far away. Not from the missions. I was wise not to have any men of Spanish descent on this trip...Look, that one has a Mexican hat on, I trust he escaped from mission San Jose.

(he calls out)

ADIOS, AMIGOS!

(no response, he stands up and calls out again louder.)

ADIOS, AMIGOS!

Suddenly the natives answer back loudly, startling the pioneers. The Indians begin to scream out war cries at the boat and make threatening gestures, but do not attack. Everyone on board jumps back including Sutter. The men grab their guns and take aim. Sutter takes out his flask and has a few strong swigs. The Indians quiet down after a few moments and go back to staring, but remain ready to strike.

SUTTER

Don't shoot! Unless I give the word.

(He yells some sloppy Spanish)

A few of them must know some Spanish.

HANK

But you/don't know Spanish!

SKIPPER

(now he's afraid)

How did I allow myself to be a party to this?

Sutter takes off his gun belt and puts on his sword. He grabs a large cloth sack and climbs into a small rowboat that has been towed alongside. His ever present bulldog jumps into the boat after him.

SUTTER

They are the same as you or I. As long as I don't try to cut their hair and teach them Christianity they should like me.

HANK

Why is this?

SUTTER

(smiles)

Because everybody likes me.

Sutter rows toward shore. He climbs out of his boat and smiles as they surround him. His bulldog is in his arms. He holds it to keep it from barking. The natives are intrigued by this strange white man and his funny looking puppy dog.

Using the best of his pidgin Spanish Sutter tries to talk to them, but depends on sign language to communicate. He opens a bag and passes out glass beads and small trinkets to the natives.

SUTTER

(Spanish greetings)

One of the Indians who has on a Spanish shirt begins to say a few words to Sutter in badly broken Spanish. Sutter offers him a drink from his flask, the Indian smells it, winces, then takes a sip, nods and grins.

A lot of the natives have witnessed civilization; some have lived among the Mexicans and seen Caucasians, however meeting John A. Sutter is something else entirely. His piercing blue eyes and long light colored hair entrance them, a few of them touch him and his hair. One brave offers to show Sutter his bow; he examines it.

Suddenly an unsmiling Indian wielding a spear decides to challenge Sutter. He yells out several threatening words in his language and lunges at Sutter as if to run the spear through him. Sutter doesn't move. The brave stabs the weapon into the ground at Sutter's feet. The Captain tries to remains calm and yanks his sword out of his sheath.

The sword is a shiny and impressive weapon. The crowd steps back. Sutter swings it about in show, then in one sweep cuts the spear stuck in the ground in half. The warrior picks up the two pieces and grunts at the Swiss. Sutter holds out his sword for him to examine. The warrior plays with the weapon for a moment and then smiles with approval. He hands the sword back to Sutter.

27 ANGLE - MEN BACK ON BOAT WATCHING SUTTER 27

HANK

I'll be damned. Look at him.

SKIPPER

Yeah, but he borrowed up to one hundred thousand dollars for this venture. Do they look like they have money to pay back investors?

27B RESUME - SUTTER 27B

The warriors clear out of the way, making way for the chief. We see CHIEF ANASHE, the leader of the Walagume tribe, the most common of the many tribes in the area.

Sutter greets him. The Chief speaks Spanish. The old Indian offers the visitor a handful of grasshoppers. Sutter smiles and shoves them in his mouth and chews them like candy, pretending to enjoy them.

28 TIME LAPSE - MOUTH OF THE AMERICAN RIVER 28

Sutter has been sitting with the Chief talking in Spanish; Manuiki has been acting as interpreter. Sutter shakes the Chief's hand. He stands up and yells back to his boat.

SUTTER

Don't just sit there like jackasses! Start unloading the boats, we've a lot of work ahead of us!

29 MONTAGE: 29

A series of shots of the crew unpacking and setting up a temporary camp along the river

Sutter passes out blankets and shirts as gifts to the natives. It is a hot August day, the Captain is working up a sweat. He's now wearing a thin shirt and everyone can see his lean, muscular build. He smiles and greets all the natives; his eyes twinkle when he meets a young female Indian.

The handsome Captain is only 36 and has become an instant hit with females of the tribe, from young girls to old ladies. They giggle and whisper about him.

The Swiss rogue takes a break from flirting and sets up a desk and begins to write a few letters. He is a fanatical letter writer. The other members of his party mingle with Indians and are excited about starting a new colony.

30 MAIN SCHOONER - SKIPPER 30

The Skipper and a few of his crew members are back on the largest vessel and are shoving off.

SKIPPER

(yelling from boat)

I will send your letters off, Captain Sutter! Good luck! The Injuns of this remote backland probably think you're some kinda a spirit!

31 RESUME - SUTTER - RIVER'S EDGE 31

The Skipper sails away. Sutter looks at Manuiki and she smiles. The large brass cannon with Russian lettering on it has been set up. Sutter stands by it. He gives Manuiki a big kiss in front of everyone. Chief Anashe is nodding and smiling, very proud to have Sutter interested in his tribe.

SUTTER

This is paradise. This isn't remote, it is the center of the world!

The Chief says several words in Spanish. Manuiki translates them.

MANUIKI

He says there were once twenty times more Indians in his tribe, that disease has killed many. Whole villages are gone.

HANK

Smallpox, most likely. They aren't resistant like us.

ANASHE

(trying English)

Capt'n Sudd'r.

(speaks Spanish to Manuiki)

MANUIKI

He says your eyes sparkle, that you come from the sky to feed and dress his people, to put an end to the death.

SUTTER

Oh?

MANUIKI

He also would like to offer you a gift tonight.

(she sighs)

His daughter. To say no would greatly insult him.

Sutter grins. In the background we see Hank unpacking a box of his carpenter tools. Beside him is an Indian woman and he has been flirting with her. Sutter lights a cigar and offers the chief one.

SUTTER

Ah, paradise, where the tradition of informal fornication abides. First I must christen this place. I call it New Switzerland. Nevo Helvetia!

Sutter takes his cigar and lights the fuse to the cannon. It bangs off and is loud, startling the natives.

32 MORE MONTAGE - SERIES OF SCENES 32

The camp a few days later. Temporary structures are going up - tents and several tule and Hawaiian style grass huts.

While his workers build Sutter plays with a group of young braves. He is showing them a boxer's stance and how to land punches. They in turn instruct him on several Indian-style wrestling moves, playfully flipping each other onto the grass.

It is a warm balmy evening along the river outside the camp. Sutter is walking alone along the water's edge with a whiskey bottle in his hand. He staggers and it is obvious he has been drinking all evening. An Indian woman, who is only half clothed, walks up to him and does a little dance for his benefit. He takes her hand and they disappear into the woods.

end of OUTLINE.DOC Go to file I-B.DOC

DOC+--d--FBB

After OUTLINE.DOC

DISSOLVE TO:

32 EXT - SONOMA - ROAD NEAR VALLEJO'S HEADQUARTERS - DAY 32

Vallejo's men are detaining several of Sutter's workers who are on horseback alongside two wagons carrying supplies. An American, a Mexican, the German Hank, a Polynesian and a local Indian.

VALLEJO

Well, you wretched group of lost dogs must be on the road to New Switzerland, yes? You do not have permission to pass through my lands.

HANK

The governor-

VALLEJO

I know about the governor, he is my nephew and I now believe he sent Sutter here to pester me!

(looking at the Indian)

Only here a short while and he has tamed you? While you're here, he is with your wife, no?

He points to the employee of Sutter's who is Mexican.

VALLEJO

I fired this man last month for stealing a supply of sugar. Now the damn foreigner has hired him! I hear he'll hire any one who is breathing!

HANK

(smiling)

We are all Californios now.

VALLEJO

(to the American)

Maddening. Where are you from?

SAILOR

New York, I jumped ship. General, Captain Sutter is breaking ground to plant wheat-

VALLEJO

I'll tell you what he's growing, a crop of enemies! He asks for stock on credit, then when the note comes due, he writes and asks for more stock then says shame on you for asking for your money! Says it is a trifling misunderstanding.

Vallejo groans, then motions for his men to let the wagons pass.

VALLEJO

You men get out of here! Keep an eye on your wives and daughters!

DISSOLVE TO:

Caption: "1840"

33 EXT - FORT SUTTER - DAY 33

MONTAGE:

We begin to see examples of what Sutter was best known for (or worst known for) - his unique ability to convince Indians to join his labor force. Native peoples of all types swarm around the outpost eagerly working. Men are mixing straw, mud and water together making huge adobe bricks. The fort's foundation is being laid.

Sutter is walking along the grounds of the fort's foundation. By his side is Manuiki. She is a few months pregnant.

A series of scenes of men and women building, planting, and tending to livestock. We see Manuiki and another Kanaka teaching the natives how to sew.

34 EXT - RIVER FRONT - DAY 34

Along the river an arch has been built out of twigs and decorated with colorful flowers. It is a makeshift altar, and we see the Captain, dressed in his best attire, presiding over a wedding ceremony of two settlers.

35 EXT - FORT - COURTYARD 35

Several months later the walls of the fort are taller. Sutter's quarters located in the center of the fort are almost completed.

Today the Captain has lined up two dozen of his male workers. They are of all races. He walks in front of them looking them over like a drill instructor.

36 NEW ANGLE - WOMEN 36

Directly across from the men, Sutter has lined up an equal number of females. The women are all local Indians and most of them are young.

Sutter takes a women by the hand and brings her over to the man he has chosen for her. He proceeds to pair them off into couples. In certain situations he has the influence of a cult leader.

ESTABLISH SHOT:

37 EXT - SUTTER'S QUARTERS'S - NIGHT 37

We hear the bulldog barking loudly.

38 INT - SUTTER'S BEDROOM - NIGHT 38

The Captain awakes to the sound of his bulldog barking. He jumps out of bed. Manuiki awakes too. She is almost full term in her pregnancy.

39 INT - MAIN DINNING AREA 39

Sutter rushes out into the main room of his quarters. He finds that two Indians have broken into his dinning area and met up with his faithful bulldog. One Indian has his leg locked in the dog's jaws. Another Indian has been bitten on the arm.

In his night clothes, multicultural Sutter boxes and does some Indian hand to hand combat. Both men end up laid out on the floor. Hank and Kanaka Harry burst into the room with guns and hold the dazed perpetrators at bay.

SUTTER

Who sent you!

(questions them in Indian)

INDIAN

(talks back in Indian)

SUTTER

(yells a threat in Indian)

HANK

Wadda we do with 'em?

SUTTER

They are part of a band that conspired to murder me and help themselves to everything. I told him from now on any disobedience would be punishable by death!

Sutter grabs a near-by bottle and takes a strong drink. He borrows Hank's pistol and holds it up to one of the Indian's head. He pulls back the hammer, the Indian starts to sweat.

SUTTER

Public execution! Bang!

(he puts the gun down)

Next time. Get me some silk thread, I'll sew up these two and send them back with the threat. I hate to kill any of my workers, I'm short-handed enough as it is.

DISSOLVE TO:

40 EXT - WALLS OF UNCOMPLETED FORT - DAY 40

Sutter walks along the outside walls, dressed for a journey by horseback. Slung over his shoulders is a saddlebag. He is followed by several of his workers. He signs off a few notes and gives orders.

The Captain makes his way to Manuiki, who is working in a melon garden she started one year ago. The small garden looks very healthy. Manuiki is no longer pregnant. A worker brings up a stallion for Sutter, and waits for him. Sutter lights a cigar.

SUTTER

I am now off to see the Governor, Manuiki.

(looking at garden)

Melons, ah, what a wonderful garden.

MANUIKI

Yes, Jonathan, the ground here, things just come up.

(sad)

I wish our baby had lived, to grow up and help me with my planting.

SUTTER

(sincere)

My love, you are young and will have many children.

Two other horsemen draw up, getting ready to join Sutter on the trip. Sutter throws his saddlebags over his horse. He takes out his flask and has a few sips for the road between puffs on his cigar. The Captian coughs loudly for a moment. His eyes water as he clears his throat. We see his eyes are bloodshot.

MANUIKI

You will not tell me how old you are, but you are much older than me. You did not sleep last night. You do not treat yourself well, Captain. I want you to live a long time.

SUTTER

I will live forever.

MANUIKI

I miss you when you go away.

He puts out the cigar and kisses her passionately.

41 EXT - MONTEREY - GOVERNMENT HEADQUARTERS -DAY 41

42 INT - GOVERNOR'S OFFICE 42

A Mexican government officer is sitting at a desk adding the finishing touches to a large document. He is the secretary of state. Both men are wearing Spanish style uniforms. The Secretary hands the document to Governor Alvarado who signs it then hands it to Sutter who also signs it. The governor then hands him some other papers.

ALVARADO

For you. You have taken your oath and are now officially a naturalized Mexican citizen! This document gives you authority in your district as magistrate.

SUTTER

Excellent, my friend. I kiss your hand and thank you for such kindness! I am now justice of the peace, yes?

ALVARADO

Yes, you have already formed a civil government.

SUTTER

I will wear my Mexican uniform with honor.

ALVARADO

When did I say I would give you a uniform?

SUTTER

I like the kind with the brass buttons that...

ALVARADO

Jonathan, you have done wonders this year, but have failed to recognize we have a contract with the Hudson Bay trappers. You have not finished paying off shopkeepers in Yerba Buena with beaver skins. And my Uncle Vallejo would love to see your settlement burned to the ground!

SUTTER

(acting oblivious)

Ah, the General, now that's a uniform. Had I stayed with the Swiss Guard I might be of such high rank.

ALVARADO

(sighs)

Mexican California is coming apart!...Do you know the enemies I have? Plotting against me?

SUTTER

I have heard the Russian colony at Bodega is planning to move out.

ALVARADO

Yes, one less problem.

SUTTER

Perhaps the Russians will sell Fort Ross to me. Even their foot soldiers have the most splendid uniforms.

ALVARADO

Don't be a fool! General Vallejo lives where he does so he can keep an eye on the Russians. He expects Fort Ross to fall into his/hands.

SUTTER

No. The Russians are very fond of me. Even Vallejo likes me, he simply will not admit it.

ALVARADO

Captain, with a fortress in the woods, you can watch your back. The people on the streets here do not love me. I don't deliver all their babies as you do. I could be overthrown at any time!

SUTTER

I am your servant, how can I help you?

ALVARADO

(holding up papers)

I know settlers from America have come to your fort and you gave them jobs. You are supposed to be protecting California!

SUTTER

One was a blacksmith, I need skilled hands. The other was a tailor.

ALVARADO

The settlers should be coming from Switzerland and such, from the across the ocean, not from over the Sierra, not Yankees!

SUTTER

I have tamed the red man, built a fort in the name of Mexico and you refuse to supply me with a uniform. Then you expect me to turn away a tailor when I find one.

The Governor sighs and shakes his head at Sutter. He is amused by his arrogance and determination, but the Captain's charm is wearing thin.

43 EXT - FORT ESTABLISH SHOT - NIGHT 43

44 INT - FORT DINNING HALL - NIGHT 44

There is a celebration at the fort. Indians are dancing and singing with a few colonists by candlelight. Hank and a couple other men are examining Sutter's document from the Governor. Everyone is happy to see the Captain has returned.

Sutter is standing on a chair while Manuiki is adjusting his new trousers. The tailor hands Sutter his new uniform jacket with all the trimmings. Sutter steps down, tries it on and is delighted. He grabs Manuiki and waltzes with her. Sutter is a graceful dancer.

DISSOLVE TO:

Caption: "1841"

45 EXT - ALONG THE SACRAMENTO RIVER - DAY 45

New Helvetia is now two years old. Not far from the river is a meadow where a full scale ranch is in operation. There are cattle, oxen, goats and sheep.

Sutter is examining one of his cattle. He smiles and winks to some Indian women who are working not far off, milking cows.

Because Sutter's little domain is a society without conventional regulation, people dress as they choose. Indians come and go with sparse clothing. A lot of the pioneers go shirtless and wear skins or offbeat colorful clothes taking something from all the cultures that have come together in New Helvetia.

46 NEW ANGLE - FEATURING BIDWELL 46

John Bidwell walks across the pasture to meet Sutter for the first time. Bidwell, soon to be Sutter's chief clerk, is a religious and honest man. Always dressed in drab, dark clothing, he looks like he is on his way to a funeral.

Bidwell is a good-looking man of 22. Unlike the flamboyant Sutter, he has a sheepish manner. The young man has no problem finding Sutter outside the fort as the Captain is wearing his distinctive, ornate uniform.

BIDWELL

Captain Sutter. I am John Bidwell from Saint Louis. I met you last night after we arrived with the Bidwell-Bartleson party.

Sutter smiles and greets him like he is an old friend.

SUTTER

Ah, yes. Welcome to New Helvetia, my friend. Have you rested well?

BIDWELL

Yes. To provide us with food and lodging in your fort, and then refuse to be compensated! I have heard much about you in the East. I expected some degree of exaggeration; I find none.

Sutter says a few Indians words and a jug of whiskey is handed to him. Sutter takes a swallow and offers it to Bidwell.

BIDWELL

No, thank you. I do not drink alcohol.

SUTTER

Well, I understand you're an upstanding young man, from a prominent family. Used to be a school teacher?

BIDWELL

For a time. I've developed a desire to live in the frontier.

(gazing at the lush scenery)

I plan to settle here.

SUTTER

Splendid. I am looking for a clerk. I beg your pardon, but most Yankees around my fort are bums and leeches. The educated ones have all started their own ranches.

BIDWELL

I would love to work for you sir, until someday I can build my own place.

Sutter smiles and the men shake hands.

SUTTER

First off, you may have heard there is a Russian settlement up north on the coast at Bodega?

BIDWELL

Yes, Fort Ross.

SUTTER

Well, the Russians received orders from Saint Petersburg to pull out of California. The sea lions are all gone and the Mexican officials won't stop pestering them. The Russian American Fur Company offered the fort to me.

BIDWELL

I heard the price is about thirty thousand American dollars.

SUTTER

It is the talk of the colony! Yes, I put Fort Sutter up as collateral. I will pay them with my wheat harvest over the next several years...I intend to ship the contents of Fort Ross down to New Helvetia.

BIDWELL

What have they left behind?

SUTTER

Everything. Cannons, guns uniforms, livestock. They don't want the expense of shipping anything back.

BIDWELL

When do I start, Captain?

Sutter says a few Indian words and three attractive Indian women stop working and line up in front of Bidwell. Bidwell is embarrassed.

SUTTER

First you must be my guest. The trail I'm sure was lonely.

(sees that Bidwell is uncomfortable)

My friend, you are miles from home. I promise your parents will not learn about this.

BIDWELL

Captain. I am a God fearing man, although these ladies are quite pretty. The principles of my upbringing remain, they have no boundaries.

Sutter is disappointed, but he smiles. He signals one of the women to join him.

SUTTER

At last I have an employee of some virtue! Find Hank, the large German, he will get you started. I am delighted you are here, but do not invite too many of your church-going friends to come live in my valley. They would run me out!

Sutter puts his arm around a young Indian woman. He grins and winks at Bidwell, then walks off with her. Bidwell shakes his head, he is about to smile but catches himself. Impressed with Sutter, but disgusted with the man's weakness concerning pleasures of the flesh.

47 EXT - BODEGA - FORT ROSS - DAY 47

The North coast of California. The climate is overcast and windy. On a cliff overlooking the ocean is the now abandoned Russian colony, Fort Ross. A team of Sutter's workers are loading wagons with items left by the Russians. There are tools, farm equipment and livestock. We see John Bidwell taking inventory and Captain Sutter supervising the workers.

48 EXT - THE ROAD FROM SONOMA - DAY 48

A caravan of wagons hauling remnants of the Russian fort passes by Vallejo's land. General Vallejo has ridden up on horseback to meet the caravan. He rides alongside, looking over the contents of the wagons. One wagon contains an old steel cannon.

Another wagon is full of hundreds of old muskets. Sutter and Bidwell are in the lead wagon. It is full of hundreds of Russian army uniforms.

Vallejo draws up to Sutter's wagon. The Captain calls out for the caravan to stop. He whispers to Bidwell.

SUTTER

This is General Vallejo. He is very fond of me, but will not admit it.

(greets Vallejo)

Ah, General, isn't this a wonderful day? The weather around here, we almost have no winter.

VALLEJO

Damn you, Sutter. I will let you pass, because I have a tolerant nature, but not because I like you! Soon you will be outlawed! I know that you are no longer the friend of the Governor you once were.

SUTTER

Governor Alvarado will be forced out of office soon.

VALLEJO

(looking at the cargo)

I thought it was not true, that you would buy everything from the Russians!

SUTTER

I am so glad to see you again, General. Promise me that soon you'll be my guest at my fort.

VALLEJO

Every time I see you, you scoundrel, it is "promise me, you will be my guest in my fort?" Soon I will be a guest in my own fort when I bury you and take yours over!

SUTTER

I cannot help it if I was willing to pay what the Russians were asking.

VALLEJO

A fortune! And you do not even own the land.

SUTTER

Not now. My first harvest of wheat was good. In a few years I will have so much wheat, I will pay my debts in no time.

Vallejo looks at another wagon and notices an Indian has dressed himself up like a Russian Guard. The handsome uniforms have olive-green waistcoats with red trim, wide white suspenders, white wool pants tucked into knee-high black boots and a tall red hat. The Indian has carefully tucked his long hair under his hat.

VALLEJO

Dressing up the savages as puppets?

SUTTER

Soldiers. I am forming a militia. See here.

Sutter hands Vallejo one of the old muskets. Vallejo examines it.

VALLEJO

This is ancient. French lettering?

SUTTER

I have hundreds of such muskets, all in working order. In the winter of 1812 when Napoleon retreated from Moscow his soldiers carried thousands of these very flintlocks. Now in Russia it is very cold. The men's hands were so frozen, they let their weapons drop across the countryside!

VALLEJO

You are not wise, Sutter. All you do is buy and buy! I let you live so I can enjoy watching you fall to ruin.

SUTTER

Have I told you, you are always such a fine dresser, General? Some day when you are a guest at new Helvetia, please bring with you, your tailor.

VALLEJO

Is that how you flattered the Russians?...I'll shoot my tailor before he falls into your hands!

Vallejo turns and gallops off.

END of I-B.DOC Go to 2II.DOC

DOC+--d--FBB

Begining of 2II.DOC

49 EXT - FORT SUTTER - DAY 49

MONTAGE

A series of scenes of men unloading wagons at the fort. Sutter and Bidwell are passing out the uniforms and issuing rifles to Indians.

The blacksmith is working on cleaning up some of the old flintlocks.

The Captain and others have created a firing range and are teaching the natives to shoot.

Sutter and Bidwell shakes hands with a new immigrant, PEARCE READING, soon to be his number two clerk.

With sword in hand the former Swiss Captain has lined up his men and is teaching them marching drills.

SUTTER(V.O.)

And that is how I got started just three years back. We issued uniforms, and formed a militia.

DISSOLVE BACK TO 1842:

CAPTION: "1842"

50 EXT - FRONT OF FORT - MORNING 50

A parade of Indian soldiers led by Caucasian and Mexican Lieutenants are marching out of the main entrance doing military exercises.

The story catches back up to the spring of 1842 where Sutter is talking to his guest W. Bricker, who is recovering from his dog bite.

SUTTER(V.O.)

The red men that had lived in missions on the coast learned very quickly.

51 EXT - FORT COURTYARD - MORNING 51

The fort is bustling with early morning activity. Sutter is sitting at a table on a patio. He and W. Bricker have recently had breakfast and a Kanaka servant has just shaved the Captain. He wipes Sutter's face and

removes the cloth around him.

In the background we see the kitchen staff is mixing a huge batch of gruel in large vats, cooked over an open fire.

SUTTER

Soon we will have the largest army in the land.

BRICKER

And what is next?

SUTTER

Once we have enough settlers, we will declare central California independent, a country all of its own!

52 ANGLE - FORT KITCHEN 52

The kitchen staff begins to empty these vats into long V-shaped wooden troughs. The troughs are big, about 20 feet long.

53 RESUME - BRICKER 53

BRICKER

(finishing his coffee)

Thank you, sir, for the fine breakfast.

SUTTER

(rising)

The pleasure is mine. It is now time for the savages to eat.

Sutter stands up, claps his hands then nods to an Indian in a uniform. The Indian soldier begins to beat on a large drum, calling the Indian workers to breakfast.

Through the fort's main gate comes a mob of Indians, mostly field workers. Those that are dressed are dressed sloppily. They appear to be well fed, but look neglected. They drop to their knees and begin to devour the mush in the troughs. They happily eat it up, using their bare hands as spoons. Bricker is disgusted.

BRICKER

That is disgusting, they are men!

SUTTER

(laughs)

From miles away they travel here. I may have up to a thousand at a time. I cannot civilize them all overnight. That is what Spanish missionaries tried to do and they ran away!

Sutter guides Bricker off toward the fort's gate. Bricker is limping but is able to walk without much trouble.

54 EXT - OUTSIDE FRONT ENTRANCE 54

Bricker and Sutter come upon several men loading a wagon with tools. Working contentedly with the crew are Jason and Andy, Bricker's trouble-making traveling companions who arrived at the beginning of the story.

ANDY

Top of the mornin', Captain Sutter.

JASON

(to Bricker)

How's the leg, tenderfoot? Andy an' me decided to stay for a spell.

BRICKER

(surprised)

Those are the men I came with. They-

SUTTER

I offered them jobs last night. I'll hire any soul to fill up this place. I even feed people who refuse to work.

BRICKER

That young lady who I found in my bed this morning? She was not the same one I originally went to my quarters with.

SUTTER

The arrangement was my pleasure.

BRICKER

You are a devil, sir.

SUTTER

Do not insult me!

(he smiles)

The devil does not have the power that I do.

55 EXT - SACRAMENTO RIVER - WHEAT FIELDS 55

Alongside the river is a small golden wheat field and several men and women working on the harvest. Sutter is giving instructions to one of his farm workers while W. Bricker looks on.

A Mexican messenger trots up on horseback. He is tired and dusty. Following him also on horseback are Sutter's main advisors: his clerks Reading and Bidwell as well as Hank. Reading hands a letter to Sutter. The men dismount.

READING

Captain. I've read the dispatch. The event has taken place!

BIDWELL

President Santa Ana has sent soldiers to Monterey. Alvarado has been forced out of office! A new man is governor. Manuel Michelterno from Mexico.

SUTTER

(reading letter)

By Jo!...I hope he takes a liking to me.

Sutter turns and paces down the trail along the wheat field. The men follow him. He calls out orders.

SUTTER

Let's send him a gift...Hank, make me one of those decorative boxes, the sort that-

BIDWELL

Jonathan, this is serious! While you're playing ambassador prince, the walls of this place might very well come falling down on you!

READING

There is word of a lot of uproar. Vallejo is sending messages to the new government about wild tribes of Walagumes and a camp full of dangerous foreigners!

BIDWELL

Jonathan, Vallejo has the Hudson bay trappers siding with him.

SUTTER

They can't frighten me! Vallejo doesn't want the New Helvetia colony dismantled. We owe him and his friends too much money.

BIDWELL

What do you mean by "we?"

SUTTER

The General's army at Sonoma is inadequate. I have more guns

now and I'm growing!

(to Bricker)

It is easier to teach a savage to shoot than to go to church.

READING

Sir, our books are in a total disorder.

SUTTER

Number of livestock?

READING

One thousand horses and mules, twenty five hundred head of cattle and oxen...

BIDWELL

And only two are fully paid for!

SUTTER

Start sending a large number of them up the Feather River to my Hock Farm.

(to Bricker)

I'm going to build a country house fifty miles up yonder.

BIDWELL

What in the name of the almighty are you doing building a country house when you don't have the money and you already live on the frontier?!

SUTTER

(ignoring him)

They'll be safe from repossession up at Hock farm. Spread a rumor about an Indian raid in the area. Three gringos burned alive by the Hocks, yes, it was terrible...Now we shall have more land for planting grain.

BIDWELL

We have not made enough on this year's crops to pay our interest!

READING

The Russians sent a ship from Alaska to San Francisco to pick up wheat you don't have. It is being charged against you.

HANK

And there are many less beavers trapped this year. They are being hunted out.

SUTTER

(not wanting to hear it)

Hank!

HANK

Yes, sir.

SUTTER

Get the Yalecumnes to do a rain dance.

56 NEW ANGLE 56

Off in the distance Sutter spots a tule elk drinking from the river.

SUTTER

Look! A tule elk, lovely...I will pay somehow.

BIDWELL

You're not going to send orphan Indians instead are you?

SUTTER

Villages are being stricken with small pox, some need homes, it is not as if I am selling them!...Reading, take a letter to Sunol. When the schooner sank last week, how many head did we lose?

READING

Ten, sir.

SUTTER

Tell them thirty one. Oh, it was a horrible loss. And when you ship the beaver pelts off, tamper with the scale again.

Sutter kneels down and scoops up a handful of soil.

SUTTER

And Hank, you and the blacksmiths make me a dozen more plows.

BIDWELL

Where are you going to get the iron? Melt down a cannon?

SUTTER

Do not touch one of my cannons!

BIDWELL

Jonathan.

SUTTER

Look at this rich soil! Three years ago this was nothing. I'm building a Pacific empire here, not attending Sunday school!

57 NEW ANGLE 57

Suddenly Manuiki gallops up on a horse with urgent news.

MANUIKI

Jonathan! The Siska is about to have her baby!

SUTTER

Marvelous. Excuse me, gentlemen. Bidwell, entertain W. Bricker in my absence.

Sutter bids them goodbye and gallantly swings up on the back of Manuiki's horse. They gallop off.

BRICKER

Does he deliver all the babies?

BIDWELL

(nods)

Anything to enlarge the population of his domain.

He is also a matchmaker, he lines them up and pairs them off and hopes there is an odd female for him. It is a sacrilege!

HANK

Oh, he is so gentle, delivering babies. Especially the natives.

READING

He ought to be. He's fathered fully half of them.

He and Hank laugh, Bidwell sighs and tries not to smile. He shakes his head.

Bidwell glances off and sees Sutter gallantly riding off into the distance on the back of Manuiki's horse.

At this point John Bidwell becomes the narrator of the story.

BIDWELL (VOICE OVER)

To watch him ride off was a sight to behold. He attended to every detail of his domain. I found him to be much like a child playing with too many toys.

DISSOLVE TO:

58 INT - INDIAN LODGE - DAY 58

We see Sutter in an Indian hut on his knees delivering a baby. There is a look of wonderment in his eyes as he holds up the newly born child.

59 INT - SUTTER'S QUARTERS - NIGHT 59

A long day is finally winding down. Manuiki is getting ready for bed. Sutter is at his desk diligently writing a letter.

MANUIKI

Jonathan, it is very late.

SUTTER

When W. Bricker leaves in the morning, he'll sail with these letters with him around the horn. Then once in Boston he'll mail them to Switzerland.

MANUIKI

(looking over his shoulder)

You are writing your wife and children two times in the same year?!

(sarcastic)

I am happy to see you are becoming devoted to your family.

SUTTER

You are my family now! But I have not laid eyes on my young'ns in eight years.

MANUIKI

(puts her arm around him)

Are you still sad we lost our baby?

SUTTER

(nods)

We will try again.

MANUIKI

What if my husband should ask for me back?

SUTTER

(shakes head)

No, I give him too many things to do.

MANUIKI

Does your wife understand about sharing wives like my husband does?

SUTTER

No, in Europe, a man can be shot for doing that. One would be taken to jail simply for walking down the street naked!...You are able to understand why I had to leave.

Manuiki takes him by the hand and leads him over to the bed.

MANUIKI

Time to sleep!

SUTTER

Say it.

Sutter playfully picks her up and lays her on the bed.

SUTTER

Say it, now!

MANUIKI

You are the Lord and master of New Helvetia.

They kiss passionately.

60 EXT - DOCK ALONG THE RIVER - DAY 60

A makeshift dock has been built along the Sacramento River. Workers are loading various supplies onto a schooner as it prepares to depart river to San Francisco.

We see W. Bricker hurrying along the dock, his limp is almost gone. He throws his bag onto the schooner and jumps aboard as it departs.

J. A. Sutter and Manuiki are there to see him off. Bricker waves farewell as do Sutter and Manuiki. The Captain has his arm around Manuiki, they look into each other's eyes, there is a sense of very strong love between them. They walk off the dock holding hands.

Camera pulls back to a wide shot. It is the beginning of summer. A lot of the vegetation near the river is beginning to turn yellow. The sun is bright and things look very dry. We can see the foothills and mountains in the distance.

BIDWELL(V.O.)

1842 turned out to be quite a year. Our settlement grew. Yet the rain was never to come, as it was the beginning of a prolonged drought.

61 MONTAGE: 61

Series of scenes: Sutter fencing with Hank, writing letters, playing with Indian kids. And late at night while Manuiki is asleep, he reads in bed by lantern light. Sutter looks up when he notices a woman dressed in night clothes has let herself into his room. He smiles and puts his book down.

BIDWELL(V.O.)

I watched the Captain burn the candle at both ends. I've never witnessed a man so driven, with such vision. He had us all believing that this was the final place on Earth a man could start again and be free. We overlooked his numerous shortcomings. The man read everything, soaked up information like a sponge.

It is beyond me how he found the time to be a sexual deviate.

DISSOLVE TO:

SCREEN READS: "1843"

62 CLOSE UP OF CANNON 62

63 INT - FORT SUTTER - DAY 63

LOUD BANG. Camera pulls back and we see Sutter has just fired off his canon. He is dressed up and has a wine glass in his hand. He laughs and is in a festive mood. Pull back wider, we hear music and see dancing. A large meal is spread out on tables. It is a big, fort-wide celebration.

Hank and Reading are milling around celebrating. So is Chief Anashe and several members of his family. Sutter waltzes past them patting them on their backs. He then grabs a fresh glass of wine and puts his arm around Manuiki. She is pregnant again. Although it is early afternoon, Sutter is a bit tight.

As time has gone by Sutter's overworking and indulgences have begun to catch up to him. He is now almost 40 and is getting a little thick in the waist, but he remains an imposing and regal presence.

64 ANGLE - FORT ENTRANCE 64

We see John Bidwell arrive on horseback, trotting through the main gate into the courtyard. He slowly dismounts, obviously returning from a long trip. He is amused, not having expected a party to be going on. Kanaka Harry greets him, offers him some water and takes his horse.

Bidwell spots Sutter. He smiles and shakes off the dust. Sutter is glad to see him. They exchange greetings, then Sutter grabs Bidwell and dances with him for a spin. Bidwell frowns, but humors him and dances along. The chief clerk finds himself growing more tolerant of the unorthodox lifestyles at New Helvetia.

BIDWELL

I've been gone to the coast scarcely two weeks and you invent a holiday?

SUTTER

A small celebration.

BIDWELL

It didn't finally rain, did it?

SUTTER

(still in good spirits)

No, the crops will fail again this year.

HANK

The final shop has been built. Fort Sacramento is a thing completed!

READING

Also Chamerlain got married today. A Miko squaw.

BIDWELL

That brings his count to nine wives, Good God.

SUTTER

You would have no place to talk if you were to take a wife.

(pointing off)

Ah, there you are. Let me marry you two this very hour!

65 NEW ANGLE - INDIAN WOMAN DANCING 65

We see a shot of a pretty Indian woman performing a dance while standing on a slightly raised brick platform. Men are hooting and hollering at her.

66 RESUME - SUTTER AND BIDWELL 66

BIDWELL

If I were to take a wife, I'd like to get to know her a little before the ceremony. And would prefer that she remain dressed when in the company of thirty drunken men! I can't wait until we build churches and this outland becomes civilized, like Saint Louis.

SUTTER

I'll kill myself when it does!

Bidwell washes his face in a bowl of water and is handed a plate of food. Sutter also gets a new plate of food. He then pulls Bidwell away from the festivities to discuss business. He talks seriously, but slurs his words slightly.

SUTTER

The Mexican ranchers?

BIDWELL

Sunol and Martinez are fuming. Hudson Bay wants three thousand dollars before year's end. There are now three suits pending against you.

SUTTER

And the new Governor?

BIDWELL

Micheltorena has taken a liking to you, Captain, despite your creditors. He's genuinely impressed by the strength of your militia and your letter-writing skills.

SUTTER

And General Vallejo?

BIDWELL

Jealous to no end. He has complained to Governor Micheltorena about your issuing passports to Yankee settlers. Now that this trading post is finished at last, the lot of them would like to foreclose on it.

SUTTER

(talking with mouth full)

Ha, they know the Russians own the mortgage and they are far off in Alaska.

BIDWELL

Vallejo's power has been reduced to civil authority. He knows you now control all of upper California. However-

SUTTER

If we were to break away from Mexico, and declare ourselves an independent republic...

BIDWELL

Jonathan, that is an absurd notion!

SUTTER

I have the largest army west of the Mississippi! The Governor has an army of jailbirds. Inmates shipped from Mexico. No one can lay a hand on me!

BIDWELL

There are troops down in Los Angeles. They've hired Americans, hunters, mountain men who have come over from Texas.

(pause)

You cannot declare yourself God, then not repay the men who loaned you all the resources on your good word. What you have invented is a lifestyle based on extended credit!

SUTTER

Explain yourself! I will repay each man, to the skin. Two good years of wheat harvest and...

(Bidwell shakes his head)

Understand that credit is good. It works, it means you can have things now that you cannot possibly pay for. Then-

BIDWELL

(interrupting him)

The drought might continue...

SUTTER

I am only a king, damn it. Now a God could demand that it rain. MAKE IT RAIN!

Sutter begins to look to the cloudless sky. He chants and does a rain dance. He does not hear Bidwell's next line.

BIDWELL

An American with nine wives? While a drunken heretic dances in New Helvetia.

SUTTER

(stops dancing)

Have you noticed my new uniform?...Ah, soon, they'll be steam lines. Passage across Panama. Railroads, from here to New England!

BIDWELL

Captain, the closest railroad tracks are two thousand miles away, over the Sierra and/the Rockies.

SUTTER

People, families will come here in droves when the danger of Mexican dominance abates.

BIDWELL

I agree. However the debt you've accumulated and the time needed... There are still only two hundred whites here.

SUTTER

The red man will-

BIDWELL

The sad truth is the Indians are dwindling and you know it.

SUTTER

The Spaniards brought disease here in the fifteen hundreds!

BIDWELL

Yes, three centuries ago this area must have had hundreds of thousands of natives. But today, now, even with Indian labor you would need tens of thousands of settlers to make this land valuable enough for you to pay off your debts in your lifetime!

SUTTER

Yes, wild overnight migration, by land and sea. It occurred in Europe in the seventh century.

BIDWELL

That was during the crusades. You need/voluntary migration. The largest ever in history.

SUTTER

People looking for freedom!

Building missions and churches did nothing.

Bidwell follows Sutter back toward the party and the cannon. It has been reloaded for the Captain. Sutter picks up another piece of food and takes a bite. Bidwell pats Sutter's belly, noticing he has gained weight.

BIDWELL

Small wonder you have a new uniform...Captain, this land will/have cities, railroads as in the East, but we will then be old men in rocking chairs.

SUTTER

Nonsense! History does not simply happen. You have to make it happen to you.

BIDWELL

You're recognized as the first man to settle inland west of Missouri. You've made/history. Now if you could avoid bankruptcy, that would be legendary!

SUTTER

We put ourselves in this story, it never ends. Even after we're gone, the legacy of J. A. Sutter will keep changing. Much like Columbus.

Bidwell smiles and shakes his head. Nonetheless he's impressed by Sutter's determination. Manuiki comes up, Sutter kisses her. She hugs Bidwell hello.

MANUIKI

Bidwell, welcome back! I watched you and the Captain just now, and over these two years. You have changed, you smile and laugh more.

BIDWELL

(worried)

Isn't is frightening?

Sutter lights the fuse to the cannon again. Everyone plugs their ears.

SUTTER

Wait two more years! California has been asleep too long. WAKE UP SLEEPING BEAUTY!

The canon fires with a BIG BOOM.

DISSOLVE TO:

Caption reads: "1844"

67 MONTAGE: 67

A team of workers are planting wheat. Sutter's militia is continuing to practice marching drills.

A wagonload of new settlers arrives at the fort. The ever present Sutter greets them in a princely fashion as if they are all relatives.

BIDWELL(V.O.)

That year immigration was unwavering. No longer a trickle, but a steady flow of wagons. American settlers were given land grants with considerable regularly. The once sleepy California began to further arouse the curiosity of the United States government.

68 EXT - FORT SUTTER - DAY 68

A column of weary soldiers on horseback ride toward the fort. They are wearing U.S. Army uniforms. Their commander is LIEUTENANT JOHN C. FREEMONT. Freemont has a thick beard, deep-set eyes and never smiles. Their guide is the only one not in uniform. He is wearing buckskins and his name is KIT CARSON.

69 EXT - FORT COURTYARD - TIME LAPSE 69

A short while latter we see Sutter naturally supplying the men with food and water. All the soldiers look very tired and beat-up from their travels.

Sutter is very cordial to the visitors, but Lieutenant Freemont seems to look upon Sutter with contempt.

BIDWELL(V.O.)

One day a troop of men led by an American soldier visited the fort on their way back from Oregon territory. It was the first time I saw anyone act coldly to the Captain's hospitality. His name was Lieutenant John C. Freemont and with him was his guide, Kit Carson. They scouted around for several days, then left to make their way back over the Sierra.

70 INT - SUTTER'S OFFICE - DAY 70

A Mexican messenger is giving Sutter instructions as they look at a map. In the background a tailor is fashioning Sutter another uniform.

BIDWELL(V.O.)

1844 was also the year we learned Texas was about to be invited into the union. Friction between the U.S. and Mexico grew. There was also growing antagonism between Mexico and California. California stood at the brink of a civil war. The new Governor got orders from Mexico to organize an auxiliary army. Sutter was named commander of the Sacramento troops. The Captain was delighted. He ordered yet another uniform.

71 EXT - FRONT OF FORT - DAY 71

A team of six men dressed in uniform are packing their saddlebags and mounting up for a journey. Sutter too is getting ready to travel on horseback. He barks orders in German, English, French and Spanish. Bidwell is also loading up to go. He is the only one not wearing a uniform.

72 MANUIKI'S GARDEN OUTSIDE FORT 72

Before he leaves Sutter stops to say goodbye to Manuiki. The pretty Kanaka is watering her now flourishing melon garden with a bucket of water. Manuiki looks as youthful and radiant as ever, as she was only in her early 20s when she arrived here with Sutter five years ago. As she has grown up her English continues to improve and she has become more outspoken.

J. A. Sutter on the other hand has hit middle age at a very high speed. His waist is thicker, and the thinning of his hair is more noticeable. Although he still looks handsome and his eyes sparkle, he often looks tired. He takes a swig from his flask.

MANUIKI

Jonathan, I do not wish you to leave. There are Mexican rebels camped between here and Monterey!

SUTTER

I've a six gun escort!

Sutter gives her a hug to reassure her.

MANUIKI

I do not want you to fight, I want a man who is home.

SUTTER

(points)

Your husband is not ten paces away!

73 NEW ANGLE - KANAKA HARRY 73

Kanaka Harry is saying good bye to the soldiers, he

notices Sutter and his wife looking at him, he smiles and waves.

SUTTER

A quick visit to the Governor, then we shall stop to buy drygoods in San Francisco.

MANUIKI

Why must you outfit an army at your own expense?

SUTTER

The Governor is going to give me another land grant in exchange for military service. I'll own one hundred leagues, this entire valley!

MANUIKI

And all the money you owe?

SUTTER

There is an impending civil war! The old Governor Alvarado wants power back. The rebels want to capture Monterey and move the capital down to Los Angeles.

MANUIKI

Oh, each side can not get enough men to fight! No one takes enough interest or pride in the government.

SUTTER

I've appointed Lieutenants...

MANUIKI

You are past forty years old. Must you leave me to play soldier?

SUTTER

When we first arrived here five years back, I was already-

MANUIKI

Jonathan, you have always told people you were older than you are! To stretch out your enlistment as a Captain in the Swiss Guard of France.

SUTTER

I emplore you to explain yourself?!

MANUIKI

There are many Germans and Swiss now living here. I learn the numbers. You told me you were still a boy when you saw Napoleon's army march past your village in 1810. That would mean that-

SUTTER

(bold)

I was the youngest Captain in the service of Charles the Tenth of France!

MANUIKI

How could you not be? To become a Captain at twelve years of age!...You said you left Switzerland while your children were babies. Why do you not send for them now?

SUTTER

They are still in finishing school. This is no place for-

MANUIKI

You wanted our/children to be raised here. Away from the old world. You talk about making history, you raise armies, then with open arms you greet dirty vagabonds. You are bringing the worst of the rest of the world here!

SUTTER

It breaks my heart that neither of our babies survived infancy. But I can't...

MANUIKI

Does your faraway family know you raid Indian villages and rent children out like horses?

SUTTER

The tribe along the Consumnes murdered three Mikos! Orphans need homes! I give the savages blankets, shirts and saddles!

MANUIKI

Why did you leave Switzerland?

SUTTER

To find you.

The troop of Lieutenants has mounted up and is ready to go. Bidwell signals to the Swiss Captain that it is time to ride. Sutter is done with talking. He mounts his horse.

MANUIKI

Why did you leave your wife?

SUTTER

If you met her you would understand.

MANUIKI

Did you get in trouble there? Are you a fugitive, John Augustus Sutter?

SUTTER

If I don't leave now, I shall be a fugitive of history!

With a flare for the dramatic Sutter sits high on his stallion, takes out his sword and waves it, posing for her. She cannot help but smile.

SUTTER

Greater men than I have seen their names diminish to a footnote in historical literature...Manuiki, I've been fond of many women, yet I've never loved anyone but you!

He says a few French words to her then gallops off.

ESTABLISH SHOT:

74 EXT - GOVERNOR'S OFFICE - MONTEREY - DAY 74

BIDWELL(V.O.)

We rode to Monterey without incident.

75 INT - GOVERNOR'S OFFICE 75

Sutter is in the middle of meeting with GOVERNOR MICHELTORENA. The new governor is older and more reserved than the former Governor Alvarado. Bidwell too is present along with the Governor's secretary who is working on a large document.

BIDWELL (V.O.)

We met with the new governor Micheltorena. Another land grant was issued to Sutter. I told them I thought the war would not come about, and that I refused to ever take a human life; nonetheless I reluctantly accepted the position as secretary of war.

76 EXT - SAN FRANCISCO - DAY (ESTABLISH SHOT) 76

77 INT - MEXICAN ADOBE STORE - DAY 77

Sutter is inside a store. His men are loading up on supplies. Sutter is inspecting a case of whiskey and talking to a Mexican merchant.

MERCHANT

More Americans coming around the horn, sneaking into the harbor at night. This town is growing as fast as your outpost, Captain Sutter.

SUTTER

And you will do well, Juan, because you are a wise businessman.

MERCHANT

(laughs)

You admire me because I am the only merchant who has always demanded that you pay cash?

One of Sutter's soldiers appears. He is out of breath. His name is ZEK MERRIT. He is American and has a slight stutter.

ZEK

Ca-Captain!

SUTTER

Rebels?

ZEK

Worse. G-General V-Vallejo is in town and he's got word th-that you are around sp-spending m-money!

BIDWELL

He will come here. He knows this is the last place where you don't owe the shopkeeper a small fortune.

SUTTER

Watch your tongue Bidwell. Be damned...

(looking around)

I'll meet you back at the embarcadero. Farewell Juan, please be my guest at Sutterville when it is safe to travel.

Sutter hands his paperwork and a leather pouch to Bidwell and skips out the back door.

78 EXT - ALLEY BEHIND STORE - DAY 78

Sutter steps out the back door. It is a secluded area surrounded by a fence and another adobe building. Sutter takes a breath and shrugs. Being in private he takes the opportunity to urinate.

He undoes his trousers and begins to do his business when he peers around a corner to his left and sees General Vallejo. Although Vallejo no longer wears a uniform, he is still looks elegant, calmly sitting on a barrel. The General has stationed himself there waiting for Sutter.

VALLEJO

Sutter, you venomous scoundrel!

Sutter is startled, he hastily finishes his business and instantly pretends to be delighted to see the General.

SUTTER

General, I am so pleased to see you again. How are you, my old friend?

VALLEJO

Just do to not ask me to shake your hand, you slimly snake!

(Sutter looks around,

Vallejo laughs)

I am alone. The rumor is your army is the largest yet and you hide from an old man?

Sutter takes papers out of his pocket to show to the General.

SUTTER

I am here on a mission on behalf of the Governor. These are my orders. There are rebels, a civil war could-

VALLEJO

I have no more dealing with my nephew's attempt to regain power! I've disbanded my troops and resigned as Commandant General. Captain, I am not here to press you for being three years late on the first payment for my grist mill, or to tell you you are a wretched dog!...I came here to warn you.

SUTTER

Warn me?

VALLEJO

I urge you to remain neutral as I have.

SUTTER

I cannot!

VALLEJO

California will not be your independent republic. You know what has happened to Texas. The Yankees may pry California loose as well!

SUTTER

Jose Castro and your nephew are trying to capture Monterey. To move the capital down south to Los Angeles!

VALLEJO

Let them. Men may take up arms, but life is easy here, they are too lazy to fight. The war is a folly.

SUTTER

You are a General!

VALLEJO

I am a rancher now. Growing old and soft like you, yes.

SUTTER

I am scarcely forty!

VALLEJO

(laughs)

Yankees are coming over the Sierra. Not shiploads of immigrants from Europe as you promised us. You have Americans in your army, as do the rebels. They will not die for Mexico.

SUTTER

My friend, you are taking yourself out of the story...I now have a deed to a rich fertile valley!

VALLEJO

Not after four years of drought!

SUTTER

It will rain this season. Then I give you my word as a gentleman our accounts will be settled. I must bid you farewell, please be a-

VALLEJO

Do you think the Yankees will let us keep all our land when they come?

(sighs)

Go around the presidio. The Burral brothers plan to ambush you and collect their money.

SUTTER

You are singularly the most noble man I've met in any of my travels, General. Once the insurgents are vanquished please call upon me and be my special guest at Fort Sutter.

Sutter takes off his hat and bows to Vallejo, he then rushes away. Vallejo throws up his arms.

VALLEJO

You are singularly the most maddening man I have ever met!

MONTAGE:

79 EXT - FORT SUTTER - DAY 79

Series of shots of Sutter back at the fort, preparing his troops for war.

A wagon train of immigrants appears at the fort. Sutter greets them. Alongside Sutter are Indians carrying water and bowls of fresh fruit for the newcomers.

BIDWELL (V.O.)

We rode back to New Helvetia and supplied the army. In December a party of fifty immigrants arrived, including women and children. The Captain recruited the men before they dismounted their horses, often hinting that he would put them in the stockade if they did not enlist.

A shot of Sutter with pen and paper, signing men up for duty. He is being charming and enthusiastic.

DISSOLVE TO:

Screen reads: "JANUARY 1, 1845"

80 EXT - FORT SUTTER - DAY 80

Sutter's lieutenants and Bidwell trot out of the entrance of the fort. They join a long column of troops loaded up and ready for battle, complete with pack animals and supply wagons, one pulling a cannon. The cavalcade is being led by a traditional fifer, a bass drummer and three snare drummers.

A flock of women and children, including Manuiki, are there to see them off. Sutter rides high in his saddle, looking proud and hungry for military glory.

BIDWELL(V.O.)

We rode out in full strength on New Years day 1845. To the Captain, it was his finest hour.

81 EXT - ROAD TO MONTEREY - DAY 81

The sky is gray. The troops are winding along the terrain. Sutter is on horseback, dictating a letter to a man out of uniform who is trying to ride and scribble the message at the same time.

SUTTER

...then if anything should happen to me, Manuiki will be given the money she is due. And keep Chamberlain away from the female dormitory. Thank you J. A. Sutter commander and chief of the forces of the river Sacramento. Now ride, and God's speed.

The messenger turns and gallops off the opposite way. Bidwell draws up.

BIDWELL

Another dispatch to the fort so soon? We've only been out three days!

SUTTER

I'm worried about Manuiki, if I were to be killed.

BIDWELL

No one will die. The rebels having hired on American mountain men, mercenaries, as we have. They'll see how many of us Americans there are and they won't fire. This is simply a show of force, a diplomatic mission.

SUTTER

Nonsense, this is war!

BIDWELL

Instead of wasting a good rider, you could have sent your letter back with one of the deserters. We've had three since morning!

SUTTER

Be damned! And two last night!

...Tomorrow we should meet up with the Governor and his troops in Salinas.

Suddenly we hear a thunder clap. Sutter looks to the darkening sky.

82 EXT - CANYON - SUN IS BEGINNING TO SET 82

As the troops continue a steady rain begins to fall, in no time the men are pelted with a drenching downpour. They button up their coats and groan. It is obvious they didn't expect a storm.

BIDWELL(V.O.)

The rain began to come down in sheets. Cold wend blew on newly arrived men who had been led to believe it never rains or gets cold in central California. This caused morale erosion of the troops and further incidents of desertion. We spent that night outside Salinas.

83 EXT - SALINAS - SUTTER'S MILITIA CAMP - MORNING 83

It is morning, the rain has stopped, but it is a gray day, the ground damp. Sutter is walking along the camp shaking his head. It is a sorry-looking military operation. Tents, some collapsed, are scattered everywhere. Men are sprawled out on their bedrolls, looking like they have passed out.

A number of men are slowly getting on their feet looking terribly hung over. Some of them find themselves knee deep in the mud. Another set of men are playing cards and passing around a bottle. It looks as if they have been up all night. Bidwell walks up to the Captain.

SUTTER

(utterly frustrated)

By Jo! How can I line up all of these men and give them each a lashing? It would use up the entire day!

BIDWELL

I told you it was not wise to camp near town. These men looted every cantina, and burned fence posts as firewood!

84 NEW ANGLE 84

A young soldier, still a teenager, runs out of his tent and vomits.

SUTTER

Fools can't hold their liquor!

BIDWELL

Not every man is accustomed to drinking with your regularity.

SUTTER

I will start my lashing with you!

Zek Merrit, who is acting as a scout, rides up.

ZEK

C-Captain! Governor A-Alvarado and his men'll soon be h-here. On foot. The r-rebels raided Monterey then ran off with the cavalry's h-horses. The leader of the i-insurrection, Jose Castro. H-he's issued an order for your arrest!

SUTTER

Where are the rebels now?!

ZEK

O-on the trail to Los Angeles. They went and d-declared it the

new capital.

SUTTER

MOUNT UP!

End of 2II.DOC go to 2-B.DOC

DOC+--d--FBB

Begining 2-B.DOC

85 EXT - EL CAMINO REAL - RAINY DAY 85

The camera tracks along a weary and dwindling column of troops riding through the rain. The men pass a bottle among them. Sutter is up front, looking determined and the only one unaffected by the driving rain.

BIDWELL(V.O.)

We joined Governor Michelorena's men and journeyed down the El Camino Real to Los Angeles. Which was three hundred miles in all from New Helvetia. I'd always known the Captain to have exaggerated his tales of distant military campaigns, but by now I was convinced his only previous war experience had came from his imagination.

86 EXT - EL CAMINO REAL - DAY 86

Dissolve to another day as the troops move further south. The ground is wet and the sky is dark. The land looks barren, with far less vegetation than in the north.

BIDWELL(V.O.)

For months Sutter had spread rumors about his army made up of wild tribes of Indian warriors and a fear-trained foreign legion. The plan actually backfired. The locals down south didn't want Indian atrocities or a foreign militia running the government, so by the time we arrived, the locals were on the rebels' side.

Caption: "FEBRUARY 20, 1944."

87 EXT - CAHUENGA - LOS ANGELES - RIVER BANK - DAY 87

Sutter and his troops set up camp on a windy, barren section of the Los Angeles river. The river is almost dry.

In open sight, but high up on the plain across the river is the enemy camp. [This is the future site of North Hollywood and Universal city.]

BIDWELL(V.O.)

At last we came upon the rebels' encampment. I don't believe military history had ever witnessed two foes more reluctant to fight. Governor Micheltorena would not give Sutter orders to fight. Sutter refused to surrender although the rebel forces were estimated to be at least double our own.

88 EXT - STREAM - DUSK 88

A few miles up the river is an area with some trees and brush. A tiny freshwater stream runs into the river. A group of Sutter's soldiers are gathering water. A couple of them are Mexicans and Indians, but most of them are Yankees.

Then the men notice a group of rebels has also come to fill their canteens. The rebels, like Sutter's men, are for the most part Caucasian mountain men recently hired on. A couple from either side recognize each other and they greet one another warmly. All the men begin to talk to each other with no hostilities.

BIDWELL(V.O.)

A number of men had worked together in Texas. Word got back to the enemy camp that Sutter's force was nothing to be alarmed about. So the rebels simply waited, expecting us to surrender.

89 EXT - LOS ANGELES RIVER BANK - DAWN 89

Along the banks of L.A. River and arroyos tributary to it, the "Battle of Cahuenga" begins. The fifer and drummers begin to sound off.

We see Governor Micheltorena ceremonially lighting the fuse of the first cannon to fire. There is a bang, but the cannon ball does not travel far because the gunpowder is damp. Sutter is as eager as ever. He notices the bass drummer standing there looking bored and not beating his drum. Sutter yells for him to start pounding.

90 EXT - OTHER SIDE OF RIVER - DAWN 90

Men from the insurgent camp wake up and take cover behind aroyos and rocks when the cannon fire starts.

BIDWELL(V.O.)

At last the order to attack was given; however, by then everyone except for J.A. Sutter knew it was a futile effort. The rain had so dampened the gunpowder on both sides that artillery fire was rare. Men in each camp were forbidden to use small arms and it became obvious that Alvarado was ordering his men to fire over our heads out of kindness.

91 ANGLE - SUTTER'S ARMY 91

A number of Sutter's men are jumping on their horses and high-tailing it. We see Micheltorena and a couple of his men climb on their horses and discreetly ride away.

Another group of men are in a circle taking a vote. A soldier is counting the raised hands.

BIDWELL(V.O.)

Not only did desertion escalate by the minute, but a number of men cast ballots as to whether they should join their friends on the rebel side.

Sutter comes upon these men and argues. He points to the river and gestures them to fight. He gets in a shoving match with one of them. Sutter pulls out his sword and is ready to fight all of his own men. Bidwell tries to break it up and chaos ensues. It looks more like a bench clearing brawl than a military maneuver.

BIDWELL(V.O.)

With a full-scale mutiny, we all retreated, thus ending the infamous "Battle of Cahuenga."

Everyone scatters away from the river. Several horses are spooked; they escape a hastily made corral and run off. Sutter has dropped his rifle in the scuffle, and Bidwell also is unarmed. They realize they are vulnerable to being captured by the rebels so the two men take off on foot together.

BIDWELL(V.O.)

I later learned that the only causality for either side was an unfortunate rebel mule decapitated by a cannonball.

93 EXT - DRY BRUSH - AFTERNOON 93

Sutter and Bidwell are walking alone on a dry, rocky area surrounded by sagebrush. They are lost and have no guns. The Captain still has his sword. Both men are dirty and muddy. They are at odds with one another.

SUTTER

(mumbles)

If Charles the Tenth of France could see me now.

BIDWELL

I am cold, hungry, dirty, don't have a horse and am three hundred miles from home! I care for you as a brother, John, but if I hear you say one single more word about your fictitious adventures in the Royal Swiss Guard of France I will cut you to pieces with your own sword!

Sutter is insulted, but he also smirks at Bidwell's surprising willingness to fight. Sutter grabs Bidwell's lapels and looks into his eyes, daring him to fight. Then all off a sudden they hear the sound of thundering hooves. They realize that further down the trail riders are approaching.

The Captain peals off his decorative hat and uniform coat and tosses them into the brush out of sight, so he won't look like a commanding officer. Bidwell of course has never worn a uniform.

Instantly they are spotted and 30 rebel soldiers on horseback surround them. A few of the soldiers draw their guns and take aim. A couple of them dismount.

REBEL LIEUTENANT

(aiming a pistol at them)

Well, howdy, yanks. Who's side you fellas on? Alvarado or that there Sutter?

In trying to sound American, Sutter does a very bad hillbilly accent.

SUTTER

(hillbilly accent)

Greetin's fellow Americans. I'm so happy to come upon you gentlemen. Sutter fled back north this mornin'. His tail a-tween his legs.

REBEL SOLDIER

He ain't with us, let's shoot the two of 'em!

BIDWELL

We wholeheartedly surrender, please-

REBEL SOLDIER

That one don't sound much like an American, lookyee that sword and fancy pants. I say that's him. He's the one them Indians up north sing songs about!

REBEL LIEUTENANT

Put your guns away! John Sutter is skinny and handsome, this feller has a ripe belly and looks like he got dragged by a horse!

All the men put their guns away except for one rebel on horseback who pokes his rifle at Sutter gesturing him to drop his sword. Sutter lays down his sword and pretends to smile.

The Captain grabs the soldier's gun barrel with one hand, then reaches for the rebels leg with the other. Sutter (still as strong as ever) yanks the man off his mount.

94 INT - CAHUENGA STOCKADE - DAY 94

Sutter and Bidwell are now locked in a dark adobe with bars on the windows. Through the two windows several onlookers appear. They are mostly Mexicans wanting to take a peek at the legendary Captain. Sutter stands up to give them a good look.

BIDWELL

The locals must have found out the legendary John Augustus Sutter has been incarcerated. Now what shall we do?

SUTTER

Then we should be freed.

(yells at the onlookers)

I am the Lord of California!

95 INT - CAHUENGA - REBEL VILLA - DAY 95

Alvarado, the ex-governor, is sitting at his desk writing. An American soldier comes into his office.

SOLDIER

Senor, one of our prisoners keeps demanding an "audience" with you. What does it mean?

Alvarado smiles guessing it is Sutter.

96 EXT - OUTSIDE STOCKADE - DAY 96

Sutter and Bidwell are being escorted out of the adobe jail by three rebel soldiers. Alvarado walks up to Sutter and greets him like an old friend. The ex-governor hugs him then gestures his soldiers to back away from the prisoners.

BIDWELL(V.O.)

When we finally saw Alvarado again, he treated the Captain like a long-lost friend. We learned that governor Micheltorena had conceded and gone back to Mexico. All of our army had been allowed to go free. And that a new man named Pico Pico was declared governor of California. The two of us were placed under house arrest.

Sutter reaches into his pants and takes out a crumpled letter on parchment paper and presents it to Alvarado.

97 EXT - LOS ANGELES VILLA - GOVERNOR'S HOUSE 97

Bidwell and Sutter are now all cleaned up and have just enjoyed a lavish meal with Alvarado and the new GOVERNOR PICO. They are still sitting at the table and are signing documents. After signing Alvarado and Governor Pico shake the hands of both Sutter and Bidwell.

BIDWELL(V.O.)

Sutter presented the new governor with his orders from Micheltorena. It was determined that we had not acted independently and were only being loyal to the old government as naturalized citizens. We were paroled upon signing an oath of alliance to the new Pico Government. All of Sutter's former rights as magistrate were reinstated, although they confiscated the cannons and other equipment. Even the Captain's sword had been stolen. We met up with what was left of the troops and started for home.

DISSOLVE TO:

Caption: "APRIL 1, 1845."

98 EXT - SUTTER'S FORT - OUTSIDE ENTRANCE - DAY 98

Sutter, Bidwell and some of the men who have managed to stay together arrive back at the fort. They are a pathetic bunch of travelers, looking nothing like soldiers.

BIDWELL(V.O.)

Three months after embarking on the ill-fated military mission we returned to New Helvetia. The Captain's quest for military glory had cost him one hundred fifty horses and eight thousand dollars cash.

99 EXT - FORT COURTYARD - DAY 99

Sutter inspects the fort. Everything is unorganized and in disrepair. Manuiki greets him warmly but gives him a sorry look.

BIDWELL(V.O.)

The management of the fort had crumbled in our absence. Without Sutter, the Indians returned to forming war parties and refused to work the fields, although we'd had the first good rain in years. The first thing the Captain did was have one of the cooks locked up for being seen in the company of Manuiki.

100 EXT - WHEAT FIELD - DAY 100

Sutter, now dressed in civilian clothes, is walking along with Chief Anashe and talking with several other Indians, giving them instructions. As usual, a lot of the natives are happy to see him and gather round. Other Indians have lost faith in him and view him with contempt.

BIDWELL(V.O.)

Sutter discarded his uniform and got on to doing what he knew best: pacifying Indians and organizing workers. The rest of that year was spent building up a labor force and trying to climb out of a mountain of debt.

101 MONTAGE: 101

A series of scenes of Sutter at work: Watching workers harvest the wheat fields; then supervising another team of workers who are building an irrigation channel.

Fences are being built to hold a growing number of cattle and other livestock.

Sutter is at his desk writing letters.

Another wagon train of immigrants arriving. This one is full of hard-looking men.

We see a bunch of rough looking cowboys hanging around the fort. They are acting like they own the place.

BIDWELL(V.O.)

Immigration became an almost daily event. By 1845 New Helvetia had slowly become an American community. But instead of ranchers and families we got wandering vagabonds and outlaws. Stealing, which was once unheard of, had became commonplace.

Sutter is still doing his best greeting immigrants. The newcomers are no longer as impressed with the Captain as they once were. The community around the fort has more and more white faces and also a general sense of lawlessness.

BIDWELL(V.O.)

Sutter's days as the spiritual leader of the colony slowly became only a memory.

By the end of 1845, Sutter is not the charming and dashing presence he was in recent years. He no longer tries to hide his receding hair line. His curly blonde locks are slowly turning gray and his waist is getting ever thicker. But he is content because his empire is growing.

BIDWELL(V.O.)

The political climate in California was still uncertain. U.S. President Polk had declared war on Mexico. The Mexican war was fought down south along the Rio Grand. This time Sutter stayed out of the war and out of politics. He planned a city a few miles down the river to be named Sutterville. Without any military strength, for the first time he was vulnerable to his creditors. The Russians had threatened to sell his mortgage on the fort to the Mexican government. Ironically, as his empire expanded, foreclosure and eviction loomed, threatening to squeeze him out.

102 EXT - HOCK FARM - DAY 102

A large house along the Feather River 50 miles away is being built. The grounds around the house have several tall oak trees. Beyond the house is ranch and farm land.

BIDWELL(V.O.)

Always one to take on too many projects at once, he built a lavish house at his favorite place, up the Feather river at Hock farm. Sutter decided to direct all his attention to ranching and farming. Fort Sutter was put up for sale.

DISSOLVE TO:

Caption: "JUNE 1846"

103 EXT - FORT SUTTER COURTYARD - MORNING 103

It is morning. Sutter is walking around the courtyard of his fort with Manuiki, Bidwell and Hank. Trailing along is his Honolulu bulldog, now seven years old.

Bidwell and Manuiki are older looking but are both just under 30 and still youthful. Hank is about Sutter's age, mid-forties, and still looks robust. His friend the Captain has caught up to him in belt size. Sutter still dresses elegantly and is well groomed, but looks run-down.

The Captain takes out his flask, has a long drink, then burps and smiles. Manuiki is disgusted with his early morning drinking. She gives him an ugly look and walks off. While they are walking a Yankee cowhand rudely bumps into Sutter and keeps walking, not even turning around.

SUTTER

Damn scallywags!...The fort has been up for sale all year, no wonder there are no takers.

HANK

Why buy it? They already believe they own the place!

BIDWELL

People are waiting to see what happens. Yet they know the American stars and stripes are inevitably going to fly over California when the Mexican war is over.

SUTTER

I have been a citizen of many lands, so soon I will be an American, just like you!

BIDWELL

You will never/be just like me, Jonathan. We've done our best, but soon I will have to resign from day to day duty here. I want my own ranch, a place like you have in Hock Farm.

Clerk Reading runs up to them. He is out of breath.

READING

Captain Sutter! They've captured Sonoma! Vallejo has been taken prisoner by a group of U.S. Soldiers! They are coming here!

SUTTER

Freemont!?

READING

(nods)

He's back. And still riding with Kit Carson. They have too many guns for ours to be of any use.

104 NEW ANGLE - U.S. SOLDIERS 104

A group of riders enter the fort. They are Lieutenant John Freemont, Kit Carson and also Zek Merrit, one of Sutter's former soldiers who has a slight stutter. They are followed by a wagon. General Vallejo is sitting in the back of the wagon with three of his men. His hands are tied, but he hasn't been roughed up.

SUTTER

(to Freemont)

What have you done!? When the United States Vice Consul hears about this!

FREEMONT

We are not acting for the states. We are civilian rebels. We are "The Popular Movement." We also call ourselves "The Bear Flag Revolt."

Zek steps off his horse and shows Sutter the new flag. It is crudely made out of an old petticoat. Yet it vaguely resembles the modern California flag, complete with a star and a bear.

ZEK

Mister S-Sutter. This here's our fl-flag.

SUTTER

A loyal employee you are! That bear looks like a pig. And you sound more like deserters and looters!

ZEK

I-I'm sorry but we is going to need to use your f-fort for keepin' our prisoners. Havin' been a prisoner y-yourself, I'm sure you'll feed 'em pr-proper.

SUTTER

Why?

FREEMONT

I'm taking control of your fort. Place Vallejo in your stockade. You are free to go about your daily business, but if you wander too far from the grounds or conspire against us, you'll be shot!

Freemont signals some of his men and they spread out taking control of the fort. The people working around the fort don't seem to be very alarmed because the presence of U.S. Soldiers was inevitable.

Freemont stands toe to toe with Sutter. His bulldog growls at Freemont.

FREEMONT

If you should try to take up arms against us, every American you have working for you will join our side. All you have left is your savages.

SUTTER

I would settle for a sword to shove up your back side!

105 INT - FORT STOCKADE - NIGHT 105

A stockade is located under one of the fort's towers. Vallejo and his men are sitting inside the dingy room. Then Sutter unlocks the door and greets them with a big smile.

SUTTER

(congenial as ever)

General, now that you are at last a guest in my fort, how do you like your visit so far?

VALLEJO

Good God, the least you could do was bring us blankets and some food!

SUTTER

From the moment you arrive, complain, complain...

(pause, gets serious)

General, Freemont has left with most of his troops to raid the San Joaquin Valley. A sympathetic Lieutenant has been left in charge, I've persuaded him to grant you all a house arrest.

106 INT - SUTTER'S QUARTERS - NIGHT 106

Sutter and Vallejo are dining. It is a grand feast, with lots of Indians fussing over them. They are in good spirits, drinking wine and making the best of a bad situation.

VALLEJO

Popular movement! They're nothing but a mob of horse thieves. Looting farms and taking prisoners.

SUTTER

Don't worry, the U.S. President Polk has asked Texas to join the union. I know soon he'll be able to annex California. Then you'll be pardoned. Freemont cannot start his own country. I know, I once tried it.

VALLEJO

California is a pretty girl, everybody wants her!

SUTTER

I've been a citizen of Switzerland, France, Germany and Mexico. Now, I'll be a Yankee!

VALLEJO

At least you are white, Captain. I am an alien in my own home! I face certain bankruptcy.

SUTTER

(offers a toast)

To bankruptcy.

DISSOLVE TO:

Caption : "DECEMBER 1846, SIX MONTHS LATER"

107 EXT - SUTTER'S FORT - DAY 107

The wind is howling. It is an unusual day; cold and miserable. The outside of the fort is deserted.

108 INT - SUTTER'S FORT BLACKSMITH'S SHOP - DAY 108

In front of a roaring fire, Sutter and Vallejo are escaping the cold and playing a game of chess. They are joking back and forth and smoking cigars. It is obvious they have become good friends.

109 EXT - COURT YARD - DAY 109

A ragged middle-aged man has just entered the fort slowly leading his horse on foot. Both creatures look like skeletons, about ready to drop.

Sutter peers out the window and sees the man coming toward him. He steps outside to talk to him. The man's name is JOSEPH KERN, and he has tremendous pain on his gaunt face.

KERN

You are Captain Sutter?

SUTTER

Yes, please come inside.

KERN

Joseph Kern. My family is trapped by the snow at the Truckee summit. Please help us!

110 INT - BLACK SMITH'S SHOP 110

A few minutes have elapsed. Kern has been given a large plate of food. He eats like he hasn't eaten in days, which he hasn't.

SUTTER

(looking at some papers)

The last immigrant party of '46 passed over the Sierra in October.

KERN

We were promised a shortcut from Independence, but the trail we choose was not passable by wagon. We were delayed by two months!

SUTTER

(concerned)

It is the worst winter up there in anyone's memory. But a relief party will be hard to raise. Every able man is down south fighting the Mexican War.

KERN

There are were ninety of us. Women and small children. They must be near starvation by now!

SUTTER

I will do what I can. Who was in charge of your party?

KERN

A family, the Donners.

111 EXT - FORT - DAY 111

Camera pulls back and far off in the distance we see the snow-capped hills. Camera zooms closer to the white mountains, which look unforgiving.

BIDWELL(V.O.)

Relief expeditions didn't rescue the last of the surviving members of the Donner party until March. Half the group had stayed alive by resorting to eating the flesh of those that died. Stories about the cannibalism and journals written by survivors were published around the world.

112 Montage of newspaper articles. 112

DISSOLVE TO:

Caption reads: "1847"

113 EXT - FRONT OF FORT - DAY 113

A rider thunders toward the fort with a big smile on his face. He draws up, reaches into his saddlebag and takes out a large red white and blue piece of fabric. He unfolds it, showing off the 27 star American flag.

BIDWELL(V.O.)

In January American warships entered Monterey harbor and captured it in the name of the union. The Bear Flagers were left powerless as California was annexed and fell under U.S. authority. For a brief time of confusion Lieutenant Freemont, of all people, was named Civil Governor of the new territory.

114 EXT - FORT COURTYARD - DAY 114

The U.S. flag is run up the pole of the fort. It is a brisk day and everyone is dressed warmly. Vallejo is with Sutter and several of his men. To celebrate the flag-raising, Sutter fires off a salute with his one remaining cannon.

BIDWELL(V.O.)

Vallejo was pardoned and set free. Sutter was given back control of his fort, although still forced to share it with the U.S. military.

115 EXT - SUTTER'S QUARTERS - NIGHT 115

A tailor is fitting Sutter with a new uniform. This one looks more like one an American general would wear. He is excited about the new outfit.

BIDWELL(V.O.)

Shortly after the annexation U.S. Marines captured Los Angeles and the war was officially over. American representatives reinstated Sutter as magistrate of the area and appointed him U.S. Indian agent. General Vallejo received a similar position in Sonoma. The U.S. Dragons Militia was formed and the Captain was delighted to receive a new uniform. He purchased a new sword.

116 EXT - FOOTHILLS - AMERICAN RIVER - DAY 116

We see Sutter sitting at a table outside a tent set up along the American River. He is hiring on workers from a long line of men. They are all Mormons and unlike most of Sutter's immigrant workers, each one is clean and respectable looking.

BIDWELL(V.O.)

By the summer of '47, over one thousand Mormons began arriving. They had been waiting for the war to end. It was a Godsend as they were skilled builders, not the trouble-making outcasts that had proceeded them. At last the Captain had a sufficient work force.

END OF ACT 2B.DOC go to III.DOC

Note: To computer wiz Mark 7-95, 3III.DOC was the orignial file but it had a disk error and will not come up, so go straight to III.doc, but if you can get into 3III.DOC later that would be wonderful.

DOC+--d--FB< In 2b say by summer of 47.

Begining of ACT III

DISSOLVE TO:

Caption: "AUGUST 1847"

EXT - FORT SUTTER - DAY

A wagon with several U.S. soldiers is passing through the fort and loading up on provions. The soldiers have an unusual passenger, a prisoner, John C. Freemont. This time he is the one who is in irons. He sits, shackled and chained to the back of the open wagon.

The soldiers escorting Freemont are going about their business several yards away from the wagon. We see Captain Sutter enter the scene, he has a bottle in his hand he is quite tight as he swaggers up to the wagon and breaths on Freemont.

SUTTER

Well, well, well. Soldiers come in and say the U.S.and Mexico have finally signed a treaty. I no longer have to share my fort. I know you were appointed civil governor, but then they found out about your horse thieving looting independence! I understand you are now under court marshal and charged with disobeying orders.

(Sutter smiles with delight)

FREEMONT

You old drunk! You are the one that should be in irons, Sutter. You've told lies and swindled every honest man you could find. I know how you swindled people in Santa Fee long before you came here. You were never a Captain. People will discover what a liar you are. You're not the hero you used to be!

SUTTER

(still smiling)

I honestly want my people to be happy. We are both unfit for military glory. I found out you got your appointment through family connections, I achieved mine independently through the course of being charming. Your court marshal will be less seferer you will only learn common politness. That is why everybody likes me.

FREEMONT

Only the savages. And if they knew how many of them you've killed, they'd burn you at the stake!

SUTTER

They call you the path-finder, I say you are a path-follower!

Sutter's eyes flare up in anger. Although he was never one to take being insulted lightly, as gets older and continues to drink, his tolerance demisious.

The Captain yells out a few Hawwian words, ordering his dog to attack Freemont. The Bulldog climbs up onto the wagon and grabs Freemont's pant leg with his teeth. The dog snarls and tugs at him. Freemont wiggles, but because his hands are bound he is unable to fight back.

EXT - FOOTHILLS AMERICAN RIVER - DAY

About 50 miles up from the fort the American River runs through the foothills. Unlike the valley, the river banks are not flanked with trees and bushes, but with rocks and stones. Not far off from the water, however there are numerous redwoods suitable for lumber.

A well organized team of Mormon workers are laying plans to build a lumber mill along the river. John Sutter is now up in the foothills inspecting the work. He takes a long swill from his flask.

BIDWELL(V.O.)

By 1847 Sutter's enterprises were thriving. Plans for a lumber mill were under way. Yet still he found no buyers for the fort. It looked as if the Russians were going to attach it dispite the fact that the harvest had been good that year. The man masquerading as a former Swiss Captain was no longer an imposing presence. His charm grew thin and his indulgences had become legendary. His temper often flared. He had seldom been sober after the illfated battle of Caheunga.

EXT - WORKER'S CAMP IN FOOTHILLS - NIGHT

A half dozen tents surround a camp fire where mill workers are camped. Some of the men are sitting around the camp fire. Through an opening in a tent comes an Indian girl, she runs off. A second later Sutter pops out of the tent. Only half dressed, he takes one step then falls down drunk.

INT - FORT SUTTER'S KITCHEN - NIGHT

Sutter is sloppy drunk, throwing a temper tantrum in his kitchen. He has fire in his eyes and is screaming at two of his Kanaka servants. He is pulling fine china plates off the shelves and smashing them on the floor. Manuiki enters the room, sees what Sutter is up two and she yells back at him. She leaves slamming the door.

INT - FORT COURT YARD - DAY

Sutter is dressed in his uniform. He now carries a fashionable cane. He is preforming a simple wedding ceremony for two of the settlers. He is so inedbreated, he needs to use the podium to hold himself up. The bride and groom do not know what to think.

BIDWELL(V.O.)

He began to develop bouts with rheumatism and thought a cane gave him a stately appearance. Only forty four years of age and he looked like an old pioneer. He was seeking to retire and live out his years as a gentleman farmer.

EXT - SACRAMENTO RIVER - DAY (ESTABLISH SHOT)

INT - SUTTER'S TENT

Sutter is seeking shade in a white tent, he sits at a desk with a stack of papers. Manuiki has brought him his lunch. He is interviewing a man named KESEBERG. Sutter is of course a little tipsy.

SUTTER

Keseberg, is it? As you know I need an able man to act as a skipper for my launch. I understand you were a member of a wagon train last year. The snow got thick, you folks got trapped and ran out of food.

KESEBERG

We were all going to die of starvation. We asked God what to do and to forgive us.

SUTTER

I sent up two wagons, my two best Indian mulers. Blankets, corn, beef...

KESEBERG

God forgave us, sir!

SUTTER

The Indians didn't come back.

Manuiki is overhearing this, and gives Sutter a mean look for bullying the man.

KESEBERG

We never ate any food from your wagon. We asked the Lord to-

SUTTER

(standing up)

I know you didn't eat my provisions! What you ate was my Indians! "No more food? Let's shoot the mules and cook and eat them. No, we'll make certain the Indians get served first!"

KESEBERG

Sir! Forty two people died. Forty seven were able to survive!

SUTTER

(writes note)

Never the mind. I need a trained boatsman. Go down to the dock and talk to my clerk Reading.

KESEBERG

Thank you.

SUTTER

(handing him the note)

I'm sorry. I'm sure it was a painful ordeal. If I'd known I would have sent you a couple of fat savages.

Sutter laughs. Keseberg is disgusted, he rushes away. Manuiki is also repulsed at Sutter's behavior.

MANUIKI

What has happened to you!? You are a beast!

SUTTER

They ate human flesh! And he goes around telling people about it. Do you know they wrapped up the meat, then labled it so no one had to have a family member for dinner?

MANUIKI

I want to be released from your service, Captain. I am certain this time.

SUTTER

Sometimes I'm harsh...But, I still love you.

MANUIKI

Even if I still cared for you, Johnathon, we are now in Yankee territory. California will be admitted to the union of the states soon. More and more you talk about sending for your family. Everyone is white, you'd have to hide me again...

(looks at him sadly)

This was supposed to be your kingdom!

SUTTER

It was! But Yankees do not accept the notion of kingdoms. I tried everywhere, this was the last place.

MANUIKI

I have told you I want to go back to living with my husband. I want to have a family.

He tries to hug her, but she backs away.

SUTTER

(thinking)

Family...My oldest son is now twenty. Perhaps I will write him today.

(pause)

Very well, leave me to die lonely. I put your brother in charge of running Hock farm. I'll arange it so you can work up there with your husband.

She walks out of the tent. He shakes his head and begins to write a letter.

BIDWELL(V.0.)

Thankfully with age Sutter's appetite as a sexual deviate had dwindled. He had always known the day would come when he had to give Manuiki back to her husband. For the first time he began to take a genuine interest in his own family back in Switzerland. He had not seen them in thirteen long years.

DISSOLVE TO:

Caption: "January 1, 1848"

EXT - FORT SUTTER COURTYARD - NIGHT

Six months later. It is the dead of night, a hard rain is coming down on the settlement. A rider gallops up in the pouring rain, dismounts and runs up the stairs to Sutter's quarters.

INT - SUTTER'S OFFICE

Sutter has let the rider in, he is JAMES MARSHAL. He is 37, taciturn and introverted. A carpenter from New Jersey, Marshall wears buckskins, a Mexican serape and a wide brim hat. He looks nurotic and is covered with mud.

They enter the office. Marshall latches the door closed and looks paranoid, gasping for breath.

SUTTER

We are alone now. What is the meaning of riding fifty miles on horseback in a slashing rain storm?!

MARSHALL

You certain we're alone?

SUTTER

Talk!

MARSHALL

(talking slowly, catching his breath)

Last few days I was dredgin' out the trail race of the lumber mill.

SUTTER

And!?

Marshall reaches into his pocket and pulls out a cotton rag. He opens it up and displays several small shinny gold nuggets the size of peas.

MARSHALL

I went and found these.

DISSOLVE TO:

SUTTER'S OFFICE - DESK

A few minutes has elapsed. Marshall has removed his coat and hat. Sutter is at his desk looking at an old encyclopedia. Also in front of him is a basin of water, a scale and a chemical to test the gold.

SUTTER

Mein Gott! Marshall. It must be gold.

MARSHALL

Sir, I went and found other granules up river when I used me a pan.

SUTTER

There have been other reportings of gold being found. Near Los Angels ten years back.

MARSHALL

(very serious)

Them findings were small and far apart. I believe there's no end to the amount a gold ya can find up the American River.

SUTTER

There could not be that much gold! However, if the boys believe there is a fortune in gold up there simply for the taking, I will have no more workers.

Sutter looks puzzled, but is also curious.

EXT - AMERICAN RIVER - SUTTER'S MILL - DAY

A few workers are at the river panning near the unfinished mill.

BIDWELL(V.O.)

Sutter told Marshall to keep the discovery a secret at least until the mill was completed. But a few of the Mormon workers had already began to pan on their own. In February of 1848 a treaty was signed and California formerly ceded to the union. The secret of gold being found in America was out, but even the new San Francisco paper listed the discovery on the back page. Then rumors grew, the size of nuggets got bigger. And a man named Sam Brannon entered the picture.

EXT - AMERICAN RIVER - DAY

We see a slick looking man named SAM BRANNAN at the river's edge. Although he is dressed in a business suit, he is kneeling down panning for gold. Along with him are a few of his workers.

BIDWELL(V.O.)

Brannan was a store keeper and entrepreneur. He had recently been forced out of the Mormon church for collecting tithes, then keeping them for himself.

He had come to California with the intention of becoming the richest man on the west coast.

EXT - SAN FRANCISCO STREET - DAY

The city by the bay has grown, but the population is still only about 500, there are a number of white faces. A rider gallops down the dusty street waving a bottle full of gold nuggets. He is Sam Brannan and he is screaming "Gold, gold on the American River."

MONTAGE - FOOTHILLS - THE AMERICAN RIVER - DAY

Series of shots of men taking to the hills in the rush for gold. Scores of men are lined up along the river, panning, behind them is a tent city.

BIDWELL(V.O.)

Soon the stampede was on. An up hill avalanche of argonuts, myself included, littered the once empty landscape. By May of '48 there were eight hundred men washing gold. By June there were two thousand. Sutter's labor force evaporated. Wheat was harvested but couldn't be moved for lack of workers. Instead miners helped themselves to the wheat, using it to feed mules and horses. To most souls robbery and general lawlessness had become acceptable behavior. Looters stole what wasn't nailed down.

We see Bidwell at a creek near a waterfall, he is mining in the remote location with a team of men working for him.

EXT - CATTLE RANGE - DAY

Men are rustling cattle in broad daylight. They are guiding the cows into the woods where they'll be butchered and the meat sold to other miners.

EXT - STORAGE HOUSE - DAY

Men are peeling boards off of the building, and pulling nails out.

Later we see Sutter throwing up his hands after he sees a storage barn of his has been looted. Not only is the place cleaned out, all that remains of the building is the frame.

BIDWELL(V.O.)

Sutter gave up. Almost all his workers quit and had become placers. He expected that eventually his land holdings would make him rich. Till then he rented out the rooms of the fort and was able to bring in two thousand dollars a month. Sam Brannan had bought every pan in San Francisco for fifteen cents a piece, he now sold them for eight dollars and up.

EXT - SUTTER'S FORT COURTYARD - DAY

We see Sam Brannan, he is selling gold pans out of one of the fort's shops and doing a brisk business. Men are lining up everywhere to buy supplies from the fort's stores.

Pull back to show the fort in a shambles, men drinking and dancing in the middle of the day. A poker game being played. Prostitutes walking about and a fist fight breaking out.

DISSOLVE TO:

CAPTION: "JULY 4, 1848"

EXT - FORT SUTTER - A CANNON BLASTS - DAY

A big Forth of July celebration at the fort. The fortress is ramshackled, but today there is a better sence of order because of the presence of soliders from the U.S. Army. Sutter is dressed in his uniform and has just fired off his cannon. A soldier is unloading cases of brandy out of a wagon. Indains are preparing a gigantic banqute.

John Bidwell enters the yard on horseback. And for the first time, Bidwell does something his friend Sutter has been doing for years, he makes a grand entrance. The ex-cheif clerk used to be a rather plain dresser, today he is wearing an expensive suit with all the trimings. He dismounts in a dashing fashion, grining and brimming with confidence.

He remains somewhat conservative and is still devoted to religion, but as the years have gone by he has become more colorful. He is no longer the sheepish young man he was seven years ago. It is obvious he has done well for himself.

BIDWELL

John, you never fail with your parties!

SUTTER

Look at this sight! Living away from here as been good for you.

Sutter hugs Bidwell and grabs a drink. He takes a letter out of his pocket and shows in to him.

BIDWELL

(looking over letter)

Your son, John Junior! He truly is coming here?

SUTTER

Any day now. I haven't seen him since he was all of six.

BIDWELL

A time to celebrate!

SUTTER

This is the first official Forth of July in California history. The new Governor is over there. Only the sixth one we've had in ten years!

ANGLE - Show GOVERNOR COLONEL MASON greeting people.

SUTTER

It is no coincidence that we join the union and gold is discovered the very same month. People everywhere were simply waiting for an excuse to come here.

BIDWELL

No, Captian, we have found the mother lode.

SUTTER

Don't be a jackass! If there was so much almighty gold the Spanish would have found it or the Indians centuries ago.

BIDWELL

This is nothing. Wait until next year. Colonel Mason is sending President Polk and congress a favorable report on the quantity of gold.

SUTTER

Damn fools! For every one man that is coming up with gold, twenty are losing. This land wasn't made for hunting or mining or missions. The future of California is agriculture!

(pause)

I spent forty thousand dollars on an unfinished lumber mill. Are we to build houses made of gold?

BIDWELL

(smiling)

Yes!

SUTTER

Easy for you to say, your outfit made money, my mining expeditions lost. My crops were ruined, live stock stolen and I got squatters as far as the eye can see!

BIDWELL

But you own the title to all the land around the Sacramento River, when the town is laid out, you'll make a fortune selling parcels.

Bidwell slips away for a moment to get a drink of water. Governor Mason strides up, with him are two men in uniform. CAPTAIN FOLSOM and a young WILLIAM T. SHERMAN.

SUTTER

Governor.

GOVERNOR MASON

Captain, I am delight you have managed to hold on to one field cannon during all this tormoil. You know Captain Folsom and I'd like to aquaint you with Lieutenant William T. Sherman.

Sutter greets them. Sherman is truley honered to be in the precence of the Captain. Attention Sutter rarley experiences these days as his role in the building of the teritory is being reduced to has-been status.

SHERMAN

(beaming)

Captain Sutter. While still a school boy I began to read accounts about you. We've heard so little about you as of late.

SUTTER

(sighs)

I've read that absolute power is a fleeting experience.

SHERMAN

Let me tell you I've taken a leave of absence from the army, Captain. My early training is of an engineer and surveyor. Am I to understand you planning to lay out a city?

SUTTER

(nods)

Sutterville.

SHERMAN

Perhaps I can help. Let us have a drink.

INT - MAIN DINNING AREA - NIGHT

Sutter is seated at a table with Sherman and the Governor. Food and good spirits are everywhere. Sutter is drunk and so is Willam T. Sherman.

SUTTER

(telling a story)

The rain was like bullets, the powder wet, dead bodies laying about me! I thought, if Charles the Tenth and the Royal Swiss Guard of France could see me now, I'd be a full general!

GOVERNOR

I thought there were no casualties during the Battle of Cahuenga.

SUTTER

Lies and propaganda! My hands were covered with blood.

SHERMAN

Oh, to be a soldier. I'm a graduate of West point, but I'll make my fortune here first. Then it is my dream to one day lead soldiers to victory. To become a general.

SUTTER

My father was a general. We had a man over for diner when my father was stationed in France. The man's first name was Napoleon. I was just a young child and expressed to him my dreams of military conquests.

SHERMAN

(in awe)

You spoke to the man? Napoleon?

SUTTER

While sitting on Josephine's lap! He leaned over and said "Son, Europe is old, full of too much history. You've got to pick a new world. Across the Atlantic!

SHERMAN

My God. And you came, to the last unconquered paradise.

SUTTER

Yes, and soon my son is coming to help me with business matters. I will tell my son what I am about to tell you.

SHERMAN

Please do.

The Captain leans over and says this in Sherman's face.

SUTTER

Forget about military glory and killing people! Be a farmer, raise a family, build, don't destroy!

SHERMAN

Oh, Captain, you jest.

SUTTER

(offended)

I am serious!

SHERMAN

(standing up with a glass)

A toast!

GOVERNOR MASON

Another?

SHERMAN

To J.A. Sutter. The man more than anyone else who through sure good will and determination has linked America's two great coasts together!

EXT - SACRAMENTO RIVER - BOAT - DAY

A schooner is sailing up the Sacramento River. A skipper and a number of men who look like miners and a couple women who look like solon girls are on board. They are passing the time, talking and laughing.

BOATMAN

Independence day at the fort? Oh, the banquet, like you have never seen, musta set the old man back a thousand or two. He was so drunk, he almost fell off the table.

PASSENGER

What was he doin' on the table?

BOATMAN

You can't expect J. A. Sutter to dance on the floor like the rest of us, do you?.

They all laugh out loud.

PASSENGER

I once seen him, stark naked, chasin' a squaw outta a tent with a shotgun. He was so tight it took four men to hold him down. He's still as strong as an ox.

ANOTHER PASSENGER

Hell, a while back I passed through a village of Miwoks near San Joaquin. I come upon two little Indian young'ns, exceptin' they gots big blue eyes and wavy yellow hair. Each about three years old. So I asks somebody, "How long's it been since John Sutter has visited?" He tells me "Oh, goin' on three years."

They burst into laughter. One of the women notices a young man in the back of his boat who has been keeping to himself. His head is hung low.

WOMEN

You don't look like a miner, what's your name, honey?

JOHN JR

(looks up at her in anger)

My name is John Sutter.

John August Sutter Junior. He is 21, slim like the Senoir Sutter once was, and has big blue eyes behind spectacles. His wavy blonde hair is cut short and slicked back. He is pale and although not bad looking, he has none of his father's flair. He sheepishly looks down embarrassed. He has a very thick accent but speaks and understands English.

BIDWELL(V.O.)

In September of 1848 John Junior arrived.

EXT - FORT COURTYARD - DAY

We see the Captain flirting, he has his arm around a woman who weighs over two hundred pounds. The Fort is back to its usual turmoil of decadence. Sutter spots his son enter the grounds carrying his bags. Sutter runs up and hugs his son. He has tears in his eyes. Young Augustus is happy to see his father but mesmerized by the moral decay around him.

INT - SUTTER'S OFFICE

Sutter shows his son his office and the books. Everything is a diserray.

BIDWELL(V.O.)

Young Augustus Junior was expecting paradise. To be the son of a king. Instead he found all his father's property at everyone's disposal. The books and legal documents were a nightmare. His father was in eighty thousand dollars of debt. To escape his creditors John Senior gave his son power of attorney. He put everything he owned in John Junior's name and ran off to live at Hock farm.

INT - SUTTER'S OFFICE - DAY

John Jr. is now seated at the desk talking with other men, and working on the books. One of the men is Sam Brannan.

BIDWELL(V.O.)

John Junior proved to be a competent bookkeeper and was blessed to have none of his father's wild spending habits or unethical business ideals. He also wasn't the fighter the Captain was, one day he was even beaten up by one of his father's bodyguards. Yet young Augustus set forth to rescue his father financially. However, at only twenty one and naive, he fell victim to a number of sharpers.

EXT - SACRAMENTO EMBARCADERO - DAY

A team of engineers are serveying the land and laying out a street grid. Sam Brannan is supervising and young William T. Sherman is a member of the crew.

BIDWELL(V.O.)

In his father's absence young Augustus trusted the illadvice of Sam Brannan and had the land fronting the embarcadero of the Sacramento River surveyed into lots to establish a town site. Lots sold briskly and he was able to pay off the most pressing of the debts.

DISSOLVE TO:

CAPTION: "1849."

EXT - AMERICAN RIVER - DAY

It is now 1849 and the 49ers are have arrived. Hordes and hordes of people are everywhere along the river, mining for gold. In the background there are tents and camp grounds as far as the eye can see.

BIDWELL(V.O.)

1849 saw the largest voluntary migration in the history of the world. Yellow fever spared no class of men. At one point there were six hundred ships abandoned in San Francisco. Even every soul on the ship's crews had deserted to pan for gold.

EXT - SACRAMENTO CITY - DAY

Establish shot. The town along the Sacramento River is being developed. It is mostly tents, but a number of permanent structures are going up.

INT - JOHN JR. TENT OFFICE

John Junior is doing paperwork at a desk. The senior Sutter enters. He is very drunk. He holds out a pistol and puts it in his own son's face.

A FEW MINUTES LATER

Father and son are screaming German back and forth at each other. Bidwell has heard this from out side, he bursts in. John Junior's English has improved and he has grown bolder.

BIDWELL

Captain sober up!

JOHN JR.

He has not been sober a day the whole year I have been here!

SUTTER

I should kill you. Instead then I shall put a bullet through my skull.

Sutter puts the pistol up to his temple.

BIDWELL

You want to die because the town will not be named after you?

SUTTER

I said Sutterville! Up the river where it won't flood! You see mud high up in the trees - that means it floods high! The fool boy sells lots down here to Brannon and gets swindled. Then that bastard Brannan names the town Sacramento City. Now my land at Sutterville is useless!

JOHN JR.

It would not have happened if he had not insisted on hiding up at Hock farm; a bottle in one hand and a two hundred pound Miko Indian in the other!

Bidwell slowly takes the gun out of Sutter's hand. Sutter sits down in a huff.

BIDWELL

Captain, I wish I could abandoned my own enterprises to help you, but I can't. Young Augustus has nearly pulled you out of debt for the first time in your adult life.

JOHN JR.

(waving papers around)

Seven thousand to Hudson Bay, and all the Mexican ranchers, notes from Honolulu. Even a claim from men you defrauded in Santa Fee twelve years ago has been paid. Soon I will sell the fort and the Russians will be rid of you!

SUTTER

Why don't you shoot me then, I deserve it. Bidwell, hand him the pistol.

JOHN JR.

Why don't you tell Mister Bidwell the true reason you left Switzerland. To escape debtors prison!

SUTTER

There may have been some small discrepancies.

JOHN JR

I grew up in poverty! He spent our mother's inheritance three times over. You are a demon!

BIDWELL

(examining the gun)

Augustus, your father saw that the gun was empty.

John Jr. throws papers up in the air and storms out.

SUTTER

I didn't know it was empty! That only proves how incompetent I've grown lately.

EXT - SACRAMENTO CITY - DAY

Utterly fed up, John Junior paces down the street, but he carries himself in such a way that he seems happy to be free of his father.

BIDWELL(V.O.)

Soon after that John Junior departed, he traveled deep into Mexico and never returned.

His father did get some satisfaction the following year when the whole town flooded and had to be rebuilt.

INT - RESTAURANT - NIGHT

We see Sutter, cane in hand, in a plush restaurant that has been built to service tycoons and land barons during the gold rush. The Captain is dressed in a fancy suit and is greeting a bunch of bussinessmen in equally elegant attire. They are impressed with him and laugh at his jokes. They are being extra friendly because their ambition is to take advantage of him.

BIDWELL(V.O.)

The Senior Sutter passed the next year spending money like water and falling prey to swindlers. He had expected the government to compensate him for the army using his fort. Still unable to get the squatters off his farm and ranch land he settled further into retirement. He attended banquets and greeted guests as Sacramento's grand old founding father. A role which proved to cost him even more of his money.

DISSOLVE TO:

Screen reads: "1850"

EXT - HOCK FARM - DAY

Sutter's country home of Hock farm, along the Feather River has developed into a grand estate. It is a large two story affair surrounded by lush lawns and gardens. A large boat is docking at the estate.

ANGLE - FRONT LAWN

Sutter steps out onto his spacious front porch to greet his guests who have arrived by boat. The Captain is 47, but looks closer to 60. Yet he doesn't appear to be someone who used to be handsome and dashing. Or look like a prematurely aged alcoholic. With his well tailored suit and cane he looks very much like a grand old pioneer.

Sutter's guests are the rest of his estranged family who have made the long trip from Switzerland. His wife ANNA SUTTER, 47, his daughter ELIZA 22, and sons EMIL, 20 and ALFONS, 17.

BIDWELL(V.O.)

After sixteen years of separation the rest of the Sutter family at last journeyed from Switzerland to join their father at Hock farm.

Sutter greets his wife with open arms, but with some apprehension. She greets him with nothing but apprehension. Frau Sutter is tall and long ago she was the belle of the ball. She is still a handsome women, but looks hagared and never smiles. She is the opposite of her ever genial husband.

Sutter greets his younger sons. Alfons and Emil are eager, attractive boys, excited to be at the estate and with their father. The Captain then turns his attention to his daughter Eliza. Eliza is stunning. She inherited all of her father's good looks. But she also inherited her mother's rudeness and is filled with conceit.

BIDWELL(V.O.)

His wife greeted him as if he were the family servant. The sons fell in love with Sutter's last little kingdom of Hock farm. His daughter Eliza was perhaps the most beautiful girl I ever met and certainly the most rude with the exception of her mother Frau Sutter.

DISSLOVE TO:

CAPTION: "1851"

EXT - HOCK FARM - DAY

Sutter is chased out of the side entrance of his house by his wife who is yelling at the top of her lungs in German. Sutter tries to calm her down speaking back to her in German. He gives up and turns and walks away. Frau Sutter goes back inside, slamming the door. A moment later the door swings open again and Hank comes through the door carrying a tool box, he too is being chased out and yelled at by Anna Sutter, he also speaks back in German. The door slams again. Hank looks at Sutter and sighs.

HANK

I wish she'd learn English.

Hank turns and walks away from Sutter. Sutter limps along, using his cane, he walks several feet adjacent the side of his house and comes upon Manuiki. She is singing a Hawiian song. The exotic Manuiki is only in her mid 30s and still looks splendid. She is working at a basin with a washboard doing the family's laundry. Beside her is her two year old child. And playing near by is her four year old. Both childred are full Hawiian.

Sutter gazes at his one-time lover, although he sees her all the time the memories still flood back. She is glad to see him, but does not want a sexual reunion.

MANUIKI

All those years you told me how utterly rude she was. It is the only time when you talked about your past that you didn't need to exaggerate!

SUTTER

I'm the one who made her that way.

Sutter's daughter Eliza comes up with a basket of laundry. She plops it down in front of Manuiki without looking at her.

ELIZA

Father, can you and mother think of something to do besides fight?!

(looks to Manuiki)

I will expect these pressed by tomorrow.

Eliza walks away without saying good bye.

SUTTER

I'm so sorry Eliza treats you like a servant.

MANUIKI

I am. I am the maid, my husband is the butler and gardener. We are happy, Johnathon.

SUTTER

You must understand, my children never had much back in Switzerland.

MANUIKI

Your daughter is lovely. You need for her to marry a rich Yankee.

SUTTER

(gets closer to her)

I asked Bidwell, but he refuses...Manukii, I have been fond of many women...

She moves away from him and picks up her baby and holds it. He pulls out a whiskey flask and takes a sip.

MANUIKI

Johnathon, it is not just you that has changed!

SUTTER

Are you insinuating I don't look as good as I used to!

(pause)

I am glad you were able to have a pure Hawaiian baby.

MANUIKI

Why must you seem so sad and desperate? People in boats travel by here to look at you. California is a state now. You are a living part of history!

SUTTER

They tip their hats, treat me with respect then laugh behind my back. Most of my land has been taken away by squatters, my money, all gone to taxes...

I never fit in any where. They name schools and roads after me, yet I am treated like an outider again!

MANUIKI

You never said no, you sold people and things which weren't for sale.

SUTTER

I tried to build a country from the ground up. If a man is truly going to be a failure, he has got to start from the ground up!

ANGLE - RIVER FRONT - ALFONS AND EMIL

A barge is passing by. Sutter's two sons are near the bank of the river. They yell in German and gesture for Sutter to come over and join them. Sutter smiles like a school boy, he bids her good bye and goes to join his boys. He turns back to her for a moment.

SUTTER

(being melodramtic)

You are my greatest love and there fore, be proud you are my greatest failure!

Manuiki stares at him as he scampers off using his cane. She shakes her head, still feeling some effection for him, and sad about what he has become.

CANNON

Sutter has brought his cannon up from the fort. With his sons helping he loads it and lets it blast for the amusement of the passing boats.

BIDWELL(V.O.)

Sutter spent all his efforts trying to remove squatters from his landholdings. The treaty between the U.S. and Mexico was supposed to honor Mexican land grants. However, in 1850 there were squatter riots, the Sheriff and Mayor of Sacramento City were killed. The following year congress passed a law siding with the squatter's. The land was declared to be in the public domain. Sutter had spent over one hundred thousand dollars on legal fees and four years worth of taxes on land that fell through his fingers.

END OF ACT III

DOC+--d--FBB

Begining 4VI.DOC last file!

DISSOLVE TO:

Caption: "1852, TWO YEARS LATER"

157 EXT - HOCK FARM - DAY 157

A private coach stops at Sutter's estate. It is led by a team of white horses. It is a shiny, expensive coach, even the driver is dressed up. John Bidwell, still a young man of 33, steps out looking immaculate in a handsome suit. It is obvious he has continued to do well for himself.

158 INT - SUTTER'S ESTATE - DAY 158

The decor inside of Sutter's home looks more like that of a fine plantation than a pioneer's hideaway. He has imported the best of everything: chinaware, rugs, furniture, paintings (which helps explain where some of the money he has made on his landholdings has disappeared to.)

We see grand old Sutter, 49 years old, entertaining Bidwell in his spacious parlor. Muniki's husband Kanaka Harry enters dressed as a butler, still a loyal employee, he always smiles when he sees the Captain. Kanaka Harry has brought the men tea.

As the two are talking, a piano is being played in another room.

SUTTER

Your last letter was most diplomatic, my friend. But I wish you would reconsider.

BIDWELL

Jonathan. Your daughter is a sight to behold. But I cannot persuade myself to marry.

SUTTER

You don't want to be related to me! When you run for president it may not be to your advantage.

BIDWELL

When I think of the days when you would play matchmaker... (glancing at a family portrait)

I had heard Eliza was engaged to the portrait painter?

SUTTER

Damn rascal! I learned he only came calling to try to swindle me of what was left of my land.

BIDWELL

As for John Junior? Has he gone to Mexico for good?

SUTTER

Yes. But he's moved all the way down to South America. Up and married a senorita, he is doing well and won't be laughed at behind his back.

(pause)

I must tell you I am a calm and tolerant man now. A gentleman farmer, my once vile temper is subdued.

BIDWELL

Why does the music keep stopping?

SUTTER

That is Alphonse, having his daily piano lessons.

BIDWELL

(pointing out the window)

Alphonse is out in the garden.

159 INT - HOCK FARM - MUSIC ROOM 159

Sutter peers through the door to investigate. The piano teacher is at the piano. But seated snugly beside him is daughter Eliza. They are giggling and carrying on, their backs to Sutter. The piano teacher is GEORGE DAVID ENGER. A young, plain, but refined looking man. Eliza gives Enger a quick kiss. The young lovers jump when they turn to see the Captain storm into the room with fire in his eyes. Bidwell follows.

SUTTER

I paid good money to bring you all the way here! I purchase the first piano in the valley and you play on my daughter!

Sutter walks over to the fireplace where a ceremonial sword is hanging. He pulls it down and gets ready to use it.

ELIZA

Daddy! We were only...

ENGER

Sir, it is not as it appears. I'm very fond of your daughter.

SUTTER

I'm certain that you are!

ELIZA

Father, I love him!

ENGER

I've meant to ask for her hand in marriage.

SUTTER

Oh, and how will you make a living, a piano player without fingers?!...Eliza, I'll not have you marry below your station!

Enger rises, not afraid to stand up to Sutter. Bidwell grabs Sutter's arm and pushes him back.

BIDWELL

Jonathan, your brand of justice is hopelessly out of date!

(to Enger)

This is an excellent time for you to leave.

SUTTER

Come near here again, you'll leave in a box!

Enger bolts out the front door. Eliza bursts into tears and runs into the next room.

160 INT - HOCK FARM - KITCHEN - DAY 160

Eliza is crying in the kitchen, Frau Sutter is now with her; they are talking in German. Enter Sutter and Bidwell.

ELIZA

Order me away as well, because I am going to marry him!

SUTTER

I'll kill him first.

She grabs a large kitchen knife.

ELIZA

I'll kill myself, that's what I'll do, I'll slit my wrists here and now.

Sutter yanks open a drawer and pulls out a pistol, he sees that it is loaded and places it on the counter in front of her.

SUTTER

You want to die fast? Here then, make a good job of it!

BIDWELL

Good Lord. If it will prevent bloodshed, I'll marry her after all! Let us make everyone as miserable as you are!

ELIZA

(crying frantically)

Must you spoil everything you

touch?

Eliza throws down the knife and runs out of the room followed by her mother, who gives Sutter a dirty look. Sutter grabs a whiskey bottle off the shelf and drinks.

BIDWELL

Captain, this is not the wilds of lust like it was ten years past, but it's still a new, young world. Would you prefer she married a drifting saddle tramp?

SUTTER

Damn it, I am the father of California!

BIDWELL

The state doesn't care about you now! She still does.

161 EXT - ROAD OUTSIDE HOCK FARM - DAY 161

Enger is sitting on a log near the road, throwing stones into the river. He looks crushed and is contemplating what to do. Sutter catches up with him carrying his cane and a bottle of whiskey. Several minutes have passed and Sutter has been drinking. A boat is approaching in the background.

SUTTER

Young man...

Sutter looks David Enger over. He touches his clothes and sizes him up, poking him with his cane.

ENGER

What is it, old man?

SUTTER

You've a fair set of shoulders for a musician.

Sutter takes a swig of the bottle and offers Enger a sip. Enger grabs the bottle and breaks it on the ground.

ENGER

I heard that before you were a senile old drunk, you were quite a fighting man...and a ladies man.

SUTTER

Still intent on marrying my daughter? One way or the other?

ENGER

I'll just wait and marry a young Indian gal. Hell, most the Indian gals 'round here are your daughters!

Sutter pokes him hard with his cane. Enger grabs it and throws it to the ground. He swings at Sutter. Sutter blocks it and punches Enger in the stomach. Enger dives at Sutter, tackling him. They both fall to the ground wrestling. Sutter does some surprisingly fast wrestling moves and pins Enger. He rises, Enger gives up and lays sprawled out on the dirt.

SUTTER

My mind is completely gone, not my body, you fool!

The boat goes by. The passers-by have seen the scuffle, they wave and yell out like tourists seeing a show.

SUTTER

(challenging them)

WHO'S NEXT?!

Enger rises, coughs and dusts off his clothes. Sutter puts his arm around him and waves to the boat and calls out.

SUTTER

I'd like to introduce you to someone! I may let him marry my daughter!

DISSOLVE TO:

Caption: "March 21, 1852"

162 EXT - HOCK FARM - DAY 162

CLOSE UP OF CANNON FIRING

Camera pulls back and we see Alphonse has just blasted off the cannon placed near the Feather River. It is the morning of Eliza's wedding. The Captain is standing beside his son and is in good spirits. Naturally he is dressed in full uniform. This time his outfit is white. He looks more like an admiral than a Captain or General.

163 ANGLE - HOCK FARM BACK YARD 163

An army of workers are readying the grounds for the outdoor wedding party. Workers of all races are setting up tents, a banquet and flowers. A troop of half naked Hawaiian dancers are practicing a fire dance.

Sutter walks through the grounds with his head high, inspecting the workers and barking orders as in the old days. Kanaka Harry comes up with a few fellow kanakas including Manuiki. They are dressed in work clothes.

KANAKA HARRY

(smiling)

Captain, sir, where does the main tent belong?

SUTTER

Beside the small oak. And tell the dancers to get dressed. We've got Christian guests!

Harry and team go to work. Sutter meets up with Hank who is finishing up on a long series of tables he has built for the food. He puts his arm around his old friend. Hank touches the new uniform and whistles.

HANK

You never fail to outdo yourself, Captain. I understand a steamship is making a special trip from San Francisco.

Sutter smiles and nods. Then he hears a voice coming from behind him.

VALLEJO(Off Screen)

Sutter, you venomous scoundrel!

The Captain turns and sees General Vallejo wearing a sparkling uniform and a big smile. In the General's arms is a large package containing a wedding present. Vallejo hands the package to Hank.

The two men stand face to face, sizing up each other. Each is wearing an expensive ornate uniform that is strictly for ceremonial purposes. Vallejo looks around and frowns, he is one of the few non-Anglos who are there as guests and not workers.

VALLEJO

Look at all these Yankees! I should have run you out when I had the chance!

SUTTER

Then where would I have gone?

VALLEJO

Nowhere! You'd have been dead!

SUTTER

(seeming serious)

It isn't too late to kill me.

The two former enemies hug. Then Sutter notices Bidwell has arrived. Bidwell, of course, wears fine attire and this time he has a lovely looking lady on his arm. Sutter hugs Bidwell. He then gazes at Bidwell's lady, nods approval and kisses her. Bidwell's date is flattered.

164 EXT - STEAMSHIP LANDING 164

A large steamship is docked along the river at Hock Farm. Guests are filing off. They are all prosperous looking people, dressed up for one of the biggest galas of the year. Pick out W. Bricker exiting the ship, the man who came to the Fort at the beginning of this story. He is ten years older. W. Bricker looks around in wonderment.

165 EXT - SIDE OF ESTATE 165

W. Bricker is exploring the estate, he rounds a corner to the side of the house and finds a familiar face. Manuiki, still wearing work clothes, is gathering tablecloths and folding them. She is singing to herself.

BRICKER

Manuiki. You are unchanged! Ravishing... I'm W. Bricker, I passed through here in the fall of '42...I still carry the scars of that journey.

He lifts his pant leg revealing the scar from the Hawaiian bulldog. She studies him, then finally recognizes him.

MANUIKI

Ah, the writer from the East.

BRICKER

Came to San Francisco earlier this year. When I heard about this I...Why are you hidden back here? Were you not Sutter's commonlaw wife?

MANUIKI

Those days were a frolic. This is all part of the U.S. now. Your God and old customs came rolling over the mountains. I am treated well, but I am not white. Most of those people do not like it when we sing and dance among them.

He looks at her, shrugs and smiles. Kanaka Harry enters the scene carrying more table linens. Kanaka Harry is Manuiki's age, about 36. Like his wife he has the same dark skin and features that age is very kind to.

Manuiki gives her husband a kiss in front of Bicker, to show him she is happy and that things have changed.

166 MONTAGE: 166

A series of shots of the festivities. W. Bricker catches up to Sutter and shakes his hand.

Over 200 guests spill out onto the lawn of the estate. Laughter and good spirits fill the air.

A shot of the actual ceremony. Sutter gives his daughter away. Later Sutter waltzes with Eliza while a ten piece band plays. There are speeches and toasts with fine wine.

The Captain is on his best behavior. A casual observer would actually believe David Enger was marrying into a loving and stable family. Everyone is eating, drinking and dancing. As the sun sets the Hawaiians perform their fire dance.

167 EXT - HOCK FARM - NIGHT 167

As the party continues, strings of lanterns are lit across the grounds. Fireworks over the river begin to fill the night sky.

168 EXT - DOCK OF THE RIVER - NIGHT 168

Bricker has found Bidwell. The two men sit at a table that has been set up on the dock. They have quietly been talking, taking a break from the loud festivities. Bidwell's date and another couple of ladies are socializing near the end of the pier. Bricker has been jotting down notes in a notebook by gaslight.

BRICKER

So, since the squatters settlement he just stays put here. I trust you've fared better?

BIDWELL

(nods)

I founded a small town to the north, Chico. And although I don't want the Captain to know, I'm engaged to be married.

Bidwell smiles and looks off at his lady.

BRICKER

Ah, congratulations...The Captain, he seems to complain plenty, yet he doesn't appear to be poor.

BIDWELL

He may be after this affair.

He still still can't say no. He still desperately wants people to like him...

(standing up)

Well, I must return home. I'm certain this party will go on until the small hours of the morning. So good to see you again.

He shakes Bricker's hand and turns to leave.

BRICKER

Mister Bidwell?

BIDWELL

Yes.

BRICKER

In spite of the squatters and war, he could have been the richest man in the West. Couldn't he have done something, perhaps if he'd quit his drinking?

BIDWELL

(shakes head)

It wasn't simply alcohol...This land was settled by selfish men who gained power by being ruthless, stepping on anyone in their path. Sutter lied and cheated because he honestly believed everyone would be happy in the end. He needed acceptance. Tycoons do not care if they are liked! In the end he failed at being ruthless.

169 EXT - HOCK FARM - NEXT MORNING 169

It is early the next morning. The grounds are quiet. A few partygoers are asleep under trees. W. Bricker wakes up after falling asleep under a tent that housed a table of food. He stretches and looks around.

170 INT - SUTTER'S BACK PORCH - MORNING 170

Sutter and a few indulgent men like himself decided to drink the night away and swap lies. They sit at a table. Empty bottles and cigar stubs are scattered everywhere.

One man is asleep in his chair, the other two intoxicated men take sips from a bottle and are singing. They are doing a very poor job and it doesn't help that they are singing two different songs.

Sutter is trying to tell a story. W. Bricker peeks his head through the open door.

SUTTER

The rain was pounding like thunder! I said "I am the commander of the forces of Alta California..."

(he notices Bricker)

Why Mister Bricker. Stop singing!

W. Bricker comes in and sits down, Sutter pours him a drink. The two men stop singing and begin to nod off.

SUTTER

If you'd shown your city-boy face here a few months back I'd have made you/marry my daughter.

BRICKER

I understand folks don't write much about you any longer.

SUTTER

Aw, I put myself in history and I left myself out of the best parts.

Sutter takes a swig. The door inside the house leading to the kitchen is ajar. Through the door comes Sutter's trusty bulldog. The dog is very old and very slow.

BRICKER

Good Heavens, that's not your bulldog that bit me - he is still alive?!

SUTTER

(nods)

Dog's thirteen. Get out your pen and start writing. Good stories go on forever.

BRICKER

I hear you don't own much outside this farm.

SUTTER

I trusted men. The prey of sharpers who stripped me blind! Me, the patriarch of California!

BRICKER

The Mexicans gave you the land for free. Land that the Indians had always lived on. They were both run off.

SUTTER

I was robbed!

BRICKER

No, you were swindled. At least you let yourself be tricked. You stole this land outright from the Indians.

Sutter is mad at that remark. He clears all the bottles and plates off the table. It makes a loud racket. The man who had been asleep opens his eyes. Sutter slowly pulls himself up from the table, but he's tired and his body is too sore from dancing to put up a fight.

SUTTER

I was their king, damn it! I fed and clothed them...Bite his hand off!

Sutter yells a few Hawaiian words to his dog and points to Bricker. The old dog waddles up to Bricker and licks his hand. Bricker smiles and pats the dogs head.

BRICKER

I'm sure if he still had teeth he'd...

Sutter breaks a bottle on a table, and waves it at Bricker.

SUTTER

I want you to say it again!

BRICKER

Captain I...

SUTTER

Say it like you did in '42!

BRICKER

Say what?

SUTTER

Say that I am the Lord and master of California!

He throws down the bottle and grabs Bricker by the lapels and stands nose to nose with him. His breath almost knocks Bricker out. Having heard the noise Mrs. Sutter comes into the room in her bathrobe. She is followed by Manuiki also in her night clothes.

BRICKER

What are you going to do, breathe on me?

SUTTER

SAY IT?

Frau Sutter walks up to Bricker and yells at him in German.

MANUIKI

She wants to go back to sleep. She says, say it or/she'll bite your hand off.

BRICKER

(humors him)

You are the Lord of California.

Manuiki helps Sutter sit back in his chair.

SUTTER

(shakes his head)

I'm Lord no longer. Just the estranged father of this state. The last of the great romantic pioneers of America beginning with Columbus. That's my self delivered eulogy. For I'm as good as dead and I'm not yet fifty years old. So I'll go on living...In the past.

Sutter bows his head at the table and collapses like he has just died. A second later he pokes his head up, then bows his head back down and passes out.

FADE TO BLACK:

ROLL-UP ON SCREEN:

After his daughter's wedding in 1852, John Sutter lived another 28 years. Eliza divorced the following year, but later remarried.

John Bidwell did become a political candidate. He ran for governor and later for the presidency, but lost both elections.

Manuiki remained in California with her family.

For the rest of his life John Sutter continued to live in the past.

Out of sympathy the legislature named him a Major General commanding the California militia. He made occasional appearances at banquets, drills and parades.

In 1865 an arsonist set fire to Hock farm. All of Sutter's belongings and records of his frontier days were lost.

With the aid of a government pension, Sutter and his wife moved to a small town outside Washington D.C. where he built a large house and lived comfortably, if not lavishly.

He began to petition congress to award him a settlement in exchange for his loses during the Gold Rush and Mexican war.

Year after year congress failed to recognize him, despite strong support from such prominent citizens as William T. Sherman and Mark Twain.

Captain John Augustus Sutter died in a Washington D.C. hotel room in 1880 at the age of 77. John C. Freemont delivered his eulogy. His wife survived him by less than a year.

FADE OUT:

THE END

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