Patriot - 1998 Draft
THE PATRIOT
by
Robert Rodat
October 9, 1998
FADE IN:
CREDITS OVER:
EXT. SOUTH CAROLINA COUNTRYSIDE - DAY
Woodlands. Beautiful. Untamed. Soaring old-growth elms
arch over riverside maples along the shores of the gently
curving, deep-water Santee River.
SUPERIMPOSITION:
SOUTH CAROLINA
April, 1776
Upstream, the swamps. Beautiful. Hundreds of BIRDS SING.
Shafts of sunlight pierce the canopy, cutting through the
hanging moss and kudzu, falling onto soft, swaying ferns
covering the high ground.
The water is clear, with fields of floating lily pads,
each with a stark white flower rising from it.
SUPERIMPOSITION:
THE FOLLOWING IS BASED ON A
TRUE STORY
EXT. POND BLUFF - DAY
A farm built between the banks of the river and the deep
green of the swamps. Good, fertile land, hacked out of
the wilderness.
The perfectly tended fields are ripe with barley, hops,
alfalfa and tobacco. Two sturdy brothers, NATHAN, 13 and
SAMUEL, 12, work one of the fields, rhythmically swinging
scythes through the barley.
The house, built of native brick, is well-constructed and
well-maintained. There's a barn, a workshop and a forge.
It is a home of substance rather than wealth. On the
front porch, MARGARET, 11, pumps a butter churn while her
brother, WILLIAM, 6, watches.
GABRIEL, 18, strong and handsome, walks out of the woods
with a musket in his hand and a dozen game-birds over his
shoulder. At his side walks THOMAS, 14, also carrying a
musket.
INT. WORKSHOP - DAY
A perfect colonial workshop, fastidiously arranged with
every conceivable tool of the period. A foot-powered
lathe. A drop-forge. A lifting saw. Racks of tools,
planes, hammers, augers, drills, blocks, all hanging in
their places. All very well-worn.
FRANCIS MARION methodically works his lathe, turning a
piece of hardwood, shaving off tiny curls of wood with a
razor-sharp chisel. He's in his late-forties, strong and
weathered. His hands, though big and callused, handle the
chisel with a surgeon's precision. Self-educated and
self-sufficient, he has built himself, as he built his
farm, brick by brick, from the coarse clay of the earth.
A finely-made rocking chair, missing only the dowel on
which Marion is working, sits on the work table. The
chair is a work of art, thin and light, a spider-web of
perfectly turned wood, no nails, no glue.
Sitting on the woodpile, SUSAN, 4, a silent, stone-face
wisp of a child, watches her father.
Marion takes the piece of wood out of the lathe, carefully
fits it into the chair, inserts a peg and taps it into
place. Then he steps back and appraises his handiwork.
He picks up the chair and hooks the top rail to a scale,
countering with a three-pound weight. The chair floats.
Marion blows softly on the weight which sinks. Susan
nods, so far, so good. Marion puts the chair on the floor
and walks slowly around it, checking every angle.
Then, the acid test. He takes a deep breath and lowers
himself onto the seat, gingerly adding an ounce at a time.
Not a creak. He smiles and sits back with a sigh.
CRACK! THE CHAIR SPLINTERS under Marion's weight, DUMPING
HIM on his ass on a pile of broken wood.
MARION
Damnation!
He picks up some of the wood, about to fling it across the
room but stops as Susan shoots him a disapproving look.
He calms himself.
MARION
Sorry.
Susan gets down from the woodpile and puts the remains of
the chair in the fireplace. As she climbs back up to her
perch, Marion steps over to his wood rack, extracts a
fresh dowel, fits it into the lathe and starts all over
again.
END CREDITS.
EXT. WORKSHOP - DUSK
Marion leaves the workshop with Susan at his side. Nathan
and Samuel walk past, exhausted from their day in the
field.
NATHAN
Father, I saw a post rider at the
house.
MARION
Thank you. Did you finish the upper
field?
SAMUEL
We got it all cut and we bundled
half of it.
MARION
Those swimming breaks cut into the
day, don't they?
Marion walks on without waiting for a reply from his
contrite sons who jostle one another, trying to pass off
the blame. Gabriel and Thomas walk out of the barn.
GABRIEL
Father, a post rider came from
Charleston. You have a letter
inside.
MARION
Thank you. How's the spotted one's
milk?
THOMAS
Better. She's near ready to calve.
Marion nods and motions for Susan to go with Gabriel and
Thomas to the house. She does so and Marion walks on
alone toward:
EXT. HILLTOP - POND BLUFF - SUNSET
The loveliest spot on the farm. A beautiful view of the
house, barns, river, fields and hills beyond. A
gravestone stands in the shade of a single apple tree. It
reads:
ELIZABETH PUTNAM MARION 1738-1773
Above her name is a carving of the night sky, at the
center of which is the NORTH STAR, steady and guiding.
Marion approaches. He gives himself a moment to look at
the grave, then he starts picking apples, speaking to the
gravestone in a quiet voice that is more matter-of-fact
than sorrowful.
MARION
... and they bundled half... almost
no trace of the boys you knew...
A soft wind blows some dry leaves along the ground.
Marion pauses as if listening to a spoken reply.
MARION
... no, she still hasn't spoken...
Margaret was her age when you... I
remember the time at the river when
we couldn't find Catherine... you
couldn't stop crying... and she was
asleep in the wagon the entire
time...
Marion pauses, remembering. The CRASH OF A PLATE
BREAKING, followed by the SOUND OF AN ARGUMENT rises from
the house below. Marion shakes his head with an
exasperated sigh.
MARION
Your children.
He heads down the hill toward the house, now glowing from
the lights of candles and oil lamps.
INT. MARION'S HOUSE - EVENING
Pre-dinner chaos. Everyone talking at once. Marion's
seven children and his two family servants, ABIGAIL and
AARON, a middle-aged black couple, prepare dinner. Susan
silently watches from the stairs. Marion walks in.
MARION
I smell turnips...
WILLIAM
Father, Samuel broke the blue
plate...
SAMUEL
I did not...
MARGARET
Dinner...
Marion hands the apples to Abigail and steps over to open
his mail and dispatches.
GABRIEL
News of Boston, father?
NATHAN
I hate turnips...
SAMUEL
William knocked it right out of my
hands...
GABRIEL
Father...?
MARION
Samuel, William, both of you clean
it up...
Marion hands a packet of pamphlets to Gabriel and opens a
letter.
MARION
The Assembly has been reconvened,
I've been called to...
Marion's children go wild.
MARGARET
Charleston!
NATHAN
We're going to Charleston!
SAMUEL
When, father, when?
MARION
We'll leave tomorrow...
The children ERUPT INTO CHEERS and THUNDER into the dining
room.
THE CHILDREN
Charleston! We're going to
Charleston!
Marion and Gabriel exchange a stone-faced look. Then
Marion puts on a smile and inhales deeply.
MARION
I love turnips...
Marion follows his children into the dining room.
EXT. MARION'S HOUSE - NIGHT
Quiet. The only sounds are the soft calls of a few
NIGHTBIRDS and the DRONE OF CICADAS. A faint light moves
through the downstairs, passing windows in the otherwise
dark house.
INT. MARION'S HOUSE - NIGHT
Marion, holding a candle, does a father's bedtime check.
The CAMERA FOLLOWS him as he makes his rounds into:
THE KITCHEN. Everything is clean and put away in its
proper place.
THE MAIN HALLWAY. Marion checks that the doors are closed
and bolted. He heads up the stairs.
INT. BOYS' BEDROOM - NIGHT
Marion enters, finding William asleep on the floor and
Nathan and Samuel in bed. He lifts William into bed,
takes a slingshot from Nathan's hand, tucks in Samuel and
walks out.
INT. GIRLS' BEDROOM - NIGHT
Marion steps to the doorway, finding Margaret and Susan at
the window, looking up at the night sky.
MARGARET
... now count five finger lengths up
from the front two stars of the Big
Dipper, and that's the North Star,
that's her.
Susan gazes up at the North Star. The girls notice Marion
and climb into bed. He puts a chair against Susan's bed
and kisses her. He pulls a blanket up around Margaret,
who whispers:
MARGARET
It helps her to know Mother's there.
Marion nods with a thin smile, kisses Margaret and walks
out.
INT. MARION'S STUDY - NIGHT
Squadrons of lead soldiers stand ready for battle as
Thomas, lying on the floor, deploys his men. Gabriel
reads the new pamphlets and broadsides. Marion walks in
and pours a drink. Gabriel hands several of the pamphlets
to his father.
GABRIEL
The New York and Rhode Island
assemblies have been dissolved...
MARION
The middle colonies?
GABRIEL
Rioting both sides of the bay, in
Chestertown they burned the Customs
House and tar-and-feathered the
Customs Agent. He died of burns.
In Wilmington they killed a Royal
Magistrate and two Redcoats.
MARION
Anything about the convention in
Philadelphia?
GABRIEL
Poor Richard says they'll make a
Declaration of Independence by July.
Marion shakes his head and sits down, carefully extracting
a delicate pair of reading glasses from a wooden box. He
begins reading.
GABRIEL
Scott Higgins joined the militia.
Marion hears but doesn't respond. Thomas looks up from
his lead soldiers.
GABRIEL
He's seventeen. A year younger than
I.
Gabriel and Thomas wait for a reaction. There is none.
Gabriel goes back to reading and Thomas resumes playing
with his toy soldiers. Marion's eyes drift from the page
to Gabriel.
EXT. SWAMP ROAD - DAY
The Marion family, in two tightly-packed carriages, drives
on a beautiful road, cut through the swamps. The canopy
of swamp maples and weeping willows forms a tunnel of
green, mottled by sunlight.
EXT. BENNINGTON OVERLOOK - DAY
The two carriages pass a view of their entire valley.
Scattered farms with a patchwork of cultivated fields
surrounding the town of Bennington.
EXT. SANTEE ROAD - DAY
Passing through rolling farmland, the Marions head toward
the coast. They pass a large contingent of South Carolina
Militia, drilling in a field. The children, particularly
Gabriel, watch avidly.
EXT. CHARLESTON - DAY
A big, bustling city. Marion and Gabriel negotiate the
carriages through the busy streets. The children watch,
wide-eyed, seeing taverns, a public gallows, drunkards,
street entertainers, well-dressed ladies attended by their
maids, food venders, a man with a trained bear.
EXT. CHARLOTTE'S HOUSE - CHARLESTON - DAY
Grand. Four stories. Marion and his children pull up.
CHARLOTTE MOTTE hurries out. She's in her mid-thirties,
beautiful, with a deep sadness that she keeps hidden as
best she can.
The children leap from the carriages and swarm around her,
embracing her, smothering her with kisses.
THE CHILDREN
Aunt Charlotte! Aunt Charlotte!
CHARLOTTE
Welcome! Welcome! Margaret,
William, look at you...!
(to Marion)
They're huge. What have you been
feeding them?
MARION
They're from good stock on their
mother's side.
CHARLOTTE
Thank you.
Charlotte hustles the children toward the door.
CHARLOTTE
Come, come, inside, wait until you
see what I have...
THE CHILDREN
(simultaneous)
Presents! For me? What do you
have?
CHARLOTTE
Inside, inside...
Charlotte sweeps past Marion who smiles and follows her
into the house.
INT. PARLOR - CHARLOTTE'S HOUSE - DAY
Marion watches as Charlotte finishes handing out presents.
Susan plays with a new doll. William has half-a-dozen new
spinning tops, skimming around the floor. Margaret holds
a new dress up to herself. Samuel, Nathan and Thomas tear
into packages holding platoons of lead soldiers. Gabriel
looks through a new book.
Charlotte sees Marion watching her, rises and joins him at
the doorway.
MARION
You look well, Charlotte.
CHARLOTTE
As do you.
Suddenly Thomas and Samuel race through the doorway,
forcing Marion and Charlotte together, their bodies close.
They step back and exchange warm but uneasy smiles.
The moment is broken by the SOUND OF CHILDREN. Marion and
Charlotte gratefully turn their attention back to them.
EXT. CHARLESTON SQUARE - NIGHT
Down the block from the Motte house. A yelling crowd of
Sons of Liberty is massed around a Liberty Tree from which
hang dozens of glowing lanterns. Most of the men in the
crowd are drunk. Vendors sell rum, ale, food and banners
emblazoned with a coiled snake and the legend, "Don't
Tread On Me." Scores of on-lookers, including respectable
people, as well as street urchins, whores and drunkards,
watch the proceedings.
Several Sons of Liberty string up effigies of King George
III and Governor Wilmington. They light the effigies on
fire. As they begin to blaze, the crowd cheers.
EXT. CHARLOTTE'S BALCONY - NIGHT
Marion's children, except Gabriel, stand on the balcony
watching the mob. Marion steps out onto the balcony.
MARION
Inside, all of you...
The children turn to Marion with stricken expressions.
Marion relents.
MARION
Very well.
The children turn back to the mob. Marion joins them.
THOMAS
Look! There's Gabriel!
They see Gabriel making his way through the crowd. He
sees them and waves, then enters the house.
A moment later Charlotte steps out onto the balcony and
sees:
IN THE SQUARE, a pair of drunk Sons of Liberty, pull down
one of the smoldering effigies, cut off its head, then
start hacking at it's groin with a sword.
Appalled, Charlotte shoots a glare at Marion and snaps at
the children.
CHARLOTTE
Children, inside! All of you!
Right now.
The children start to protest, but a glance at Charlotte's
resolute expression makes them think better of it. They
file into the house. Charlotte shoots a glare at Marion
and shoos the children inside. Gabriel steps out and
joins them.
MARION
What news?
GABRIEL
The British army is barricaded in
Boston. Harry Lee, is here from
Virginia, recruiting for a
Continental Army.
MARION
Is that why the Assembly was
convened?
GABRIEL
Yes. He seeks a levy of troops and
money.
MARION
And the Governor?
GABRIEL
He vowed that if the Assembly votes
a single shilling to Lee, he'll
dissolve the body.
MARION
Which would force our delegates in
Philadelphia to vote for
independence.
CHARLOTTE
And send us to war alongside
Massachusetts.
MARION
Our governor is a bigger fool than I
thought.
GABRIEL
Lee is counting on your vote and
expects you to be the first to
enlist.
Marion nods thoughtfully without revealing what he thinks
of Lee's expectations. Marion turns back to watch the
mob.
EXT. ASSEMBLY HALL - CHARLESTON - DAY
The capital building of South Carolina. A large crowd of
lower-class men and women is massed in front of the
Assembly Hall. As well-dressed Assemblymen walk into the
building, the CROWD YELLS words of encouragement to some
and berates others.
In the square in front of the Assembly Hall a squadron of
blue-uniformed AMERICAN CONTINENTAL SOLDIERS drills. A
recruiting table is being set up by a Continental Captain
and several military clerks.
Marion and Gabriel walk across the square toward the
Assembly Hall. As they push their way through the crowd,
Gabriel eyes the Continentals.
INT. ASSEMBLY HALL - DAY
Two dozen ANGRY, YELLING, MEN OF PROPERTY. Among them are
ROBINSON, HAMILL and JOHNSON, who are Patriots. Opposed
to them are SIMMS, WITHINGTON and BALDRIDGE who are
Loyalists (loyal the the King). As Marion makes his way
to his seat, the SPEAKER OF THE ASSEMBLY POUNDS HIS GAVEL.
SPEAKER
ORDER! ORDER!
Slowly, the room quiets down.
SPEAKER
Our first order of business...
SIMMS
And out last if we vote a levy...
The ROOM ERUPTS.
SPEAKER
ORDER! ORDER! Mr. Simms, you do
not have the floor.
The ROOM SETTLES DOWN.
SPEAKER
Our first order of business is an
address by Colonel Harry Lee of the
Continental Army.
An imposing figure rises and makes his way to the front of
the assembly. He's COLONEL HARRY LEE, about Marion's age
and cut from the same cloth -- strong, weathered, with a
powerful bearing. The room quiets down.
Lee sees Marion and offers a familiar nod, which Marion
returns, stone-faced. Then Lee speaks, simply and
clearly.
LEE
You all know why I am here. I am
not an orator and I will not try to
convince you of the worthiness of
our cause. I am a soldier and we
are at war and with the declaration
of independence we all expect from
Philadelphia, it will soon be a
formal state of war. In preparation
for that, eight of the thirteen
colonies have levied money in
support of a Continental Army. I
ask South Carolina to be the ninth.
SIMMS
Colonel Lee, Massachusetts may be at
war, along with New Hampshire and
Rhode Island and Virginia, but South
Carolina is not at war.
LEE
Massachusetts and New Hampshire are
not as far from South Carolina as
you might think and the war they're
fighting is not for independence of
one or two colonies. It's for the
independence of a nation.
WITHINGTON
And what nation is that?
Robinson, one of the Patriots, stands up.
ROBINSON
An American nation. Colonel Lee,
with your permission?
LEE
Please.
ROBINSON
Those of us who call ourselves
Patriots are not seeking to give
birth to an American nation, but to
protect one that already exists. It
was born a hundred-and-seventy years
ago at Jamestown, Virginia and has
grown stronger and more mature with
every generation reared and with
every crop sown and harvested. We
are a nation and our rights as
citizens of that nation are
threatened by a tyrant three
thousand miles away.
LEE
Thank you. Were I an orator, those
are the exact words I would have
spoken.
Laughter. Marion rises.
MARION
Mister Robinson, tell me, why should
I trade one tyrant, three thousand
miles away, for three thousand
tyrants, one mile away?
Laughter from the Loyalists. Surprise from Lee and the
Patriots. In the gallery, Gabriel winces.
ROBINSON
Sir?
MARION
An elected legislature can trample a
man's rights just as easily as a
King can.
LEE
Captain Marion, I understood you to
be a Patriot.
MARION
It's Mister Marion.
LEE
I understood him to be a Patriot as
well.
More laughter.
MARION
If you mean by a Patriot, am I angry
at the Townsend Acts and the Stamp
Act? Then I'm a Patriot. And what
of the Navigation Act? Should I be
permitted to sell my tobacco to the
French traders on Martinique? Yes,
and it's an intrusion into my
affairs that I can't... legally.
Laughter.
MARION
And what of the greedy, self-serving
bastards who sit as Magistrates on
the Admiralty Court and have fined
nearly every man in this room.
Should they be boxed about the ears
and thrown onto the first ship back
to England? I'll do it myself.
(beat)
And do I believe that the American
colonies should stand as a separate,
independent nation, free from the
reins of King and Parliament? I do,
and if that makes a Patriot, then
I'm a Patriot.
Marion grows more serious.
MARION
But if you're asking whether I'm
willing to go to war with England,
the answer is, no. I've been to war
and I have no desire to do so again.
The room is quiet, the Assemblymen having been thrown off-
balance. Gabriel is stunned and disappointed by his
father's speech.
ROBINSON
This from the same Captain Francis
Marion whose anger was so famous
during the Wilderness Campaign.
Marion glares at Robinson, then smiles.
MARION
I was intemperate in my youth. My
departed wife, God bless her soul,
dampened that intemperance with the
mantle of responsibility.
Robinson looks derisively at Marion.
ROBINSON
Temperance can be a convenient
disguise for fear.
Marion bristles but before he can answer, Lee steps in.
LEE
Mister Robinson, I fought with
Captain Marion in the French and
Indian War, including the Wilderness
Campaign. We served as scouts under
Washington and I have no doubts
about Captain Marion's courage or
competence on a battlefield.
There's not a man in this room, or
anywhere, for that matter, to whom I
would more willingly trust my life.
ROBINSON
I stand corrected.
LEE
Nonetheless, I would like to know,
Mister Marion, how... how... how...
Lee's oratorical skills peter out.
LEE
Damn it, Francis! How in God's name
do you expect to gain independence
without going to war?
MARION
Harry, Harry, Harry...
Marion and Lee drop all formality and become nothing more
than two old friends, pissed off.
LEE
My hairy arse! You live in a cave
if you think we'll get independence
without war...
The Speaker POUNDS HIS GAVEL.
SPEAKER
Gentlemen! Please! This is not a
tavern!
MARION
Wasn't it a Union Jack we fought
under?
LEE
A long time ago...
MARION
Thirteen years...
LEE
That's a damn long time...
The Speaker POUNDS HIS GAVEL again.
SPEAKER
Gentlemen! Please!
Marion and Lee ignore the speaker.
MARION
You were an Englishman then...
LEE
I was an American, I just didn't
know it yet...
The astonished Assemblymen and now even the Speaker watch
the argument avidly, turning their heads in simultaneous
anticipation of each rejoinder.
MARION
We don't have to go to war to gain
independence...
LEE
Balderdash!
MARION
There are a thousand avenues, other
than war, at our disposal...
LEE
Name five hundred.
MARION
Royal petition, delegates to court,
judicial redress, economic boycott,
bribery...
LEE
That's five, keep going...
MARION
... time, royal succession,
regicide, bribery...
LEE
You said bribery twice...
Marion speaks slowly and firmly.
MARION
We do not have to go to war to gain
independence.
Lee says nothing for a moment, then he speaks more
seriously, quietly, grimly.
LEE
Francis, I was at Bunker Hill. It
was as bad as anything you and I saw
on the frontier. Worse than the
slaughter at the Ashuelot River.
The British advanced three times and
we killed over seven hundred of them
at point blank range. And still,
they advanced and they took the
ground. That is the measure of
their resolve. If your principles
dictate independence, then war is
the only way. It has come to that.
Marion is silent for a long moment. He softens, finds
himself unsteady and speaks far more honestly than he ever
wanted to.
MARION
I have seven children. My wife is
dead. Who's to care for them if I
go to war?
Lee is stunned by Marion's honesty and his show of
weakness. At first Lee has no answer, then:
LEE
Wars are not fought only by
childless men. A man must weigh his
personal responsibilities against
his principles.
MARION
That's what I'm doing. I will not
fight and because I won't, I will
not cast a vote that will send
others to fight in my stead.
LEE
And your principles?
MARION
I'm a parent, I don't have the
luxury of principles.
The other Assemblymen, both Patriots and Loyalists, stare
at him, appalled. Marion, feeling weak, sits down. Lee
looks at his friend with more sympathy than
disappointment. Then Lee turns to Robinson who addresses
the chair.
ROBINSON
Mister Speaker, I call for a vote on
a levy to the Continental Army.
HAMILL
Second.
SPEAKER
So moved.
The vote is taken on a roll call. Gabriel watches from
the gallery.
SPEAKER
Mr. Robinson.
ROBINSON
Yea.
SPEAKER
Mr. Hamill.
HAMILL
Yea.
SPEAKER
Mr. Johnson.
JOHNSON
Yea.
SPEAKER
Mr. Simms.
SIMMS
Nay.
SPEAKER
Mr. Marion.
No response.
SPEAKER
Mr. Marion.
MARION
Nay.
In the gallery Gabriel turns and walks out. The roll call
continues. Marion sits, eyes straight ahead.
EXT. ASSEMBLY HALL - DAY
The crowd waits. The doors open and a PAGE BOY dashes out
and runs to the Continental Captain at the recruiting
table.
PAGE BOY
Twenty-eight to twelve, the levy
passed!
The Continental Captain motions to an assembled squadron.
They raise their muskets and FIRE A VOLLEY into the air.
Other soldiers, STRIKE UP A MARTIAL AIR ON FIFES AND
DRUMS. Volunteers crowd around the recruiting table,
YELLING and jostling for position.
The delegates walk out. Both Patriots and Loyalists give
Marion a wide berth.
Marion sees Gabriel, standing near the crowd at the
recruiting table. Marion walks up to him.
GABRIEL
Father, I've lost respect for you.
I thought you were a man of
principle.
MARION
When you have children, I hope
you'll understand.
GABRIEL
When I have children, I hope I don't
hide behind them.
Marion looks closely at Gabriel.
MARION
Do you intend to enlist without my
permission?
GABRIEL
Yes.
They lock eyes for a moment, then Gabriel turns from his
father and walks away, joining the crush around the
recruiting table.
Marion stands alone in the middle of the chaos. The FIFES
AND DRUMS continue to play. Marion doesn't hear them.
Harry Lee walks out of the Assembly hall with a triumphant
group of Patriots who look at Marion coldly.
Lee excuses himself, and steps over next to Marion. Lee
sees that Marion is watching Gabriel at the enlistment
table.
LEE
One of yours?
MARION
Gabriel.
LEE
I recognize him now. Is he as
imprudent as his father was at his
age?
MARION
No, thank the Lord. He's more like
his mother.
LEE
I'll see to it that he serves under
me.
MARION
Thank you.
They shake hands. Then Lee walks over to the soldiers.
Marion takes a last look at Gabriel, then heads off
through the crowded square, moving against the tide of men
headed toward the recruiting table.
EXT. POND BLUFF - DAY
Springtime. The apple tree at the top of the hill is
covered with blossoms.
SUPERIMPOSITION:
"TWO YEARS LATER"
EXT. FIELD - POND BLUFF - DAY
Marion plows a field. Nathan leads the plowhorse. Samuel
follows, breaking up the clods of dirt. Hard work. They
stop to catch their breath. A SOFT WIND blows.
Marion turns his head as if listening for a faint voice.
He hears nothing. He snaps the reins and continues
plowing.
INT. MARION'S ATTIC - LATE AFTERNOON
Dark. Thomas steps up into the attic. He finds a trunk
and opens it. Lifting out some blankets, he uncovers a
trove of Marion's old military gear -- a worn battle coat,
a box of medals, a military sword, rusted into its
scabbard.
Thomas puts on the coat, which hangs off his narrow
shoulders. He stands in front of a dusty mirror,
appraising himself, then stops as he hears FOOTSTEPS
coming up the stairs.
It's Marion, tired and dirty from his plowing. Thomas
grimaces, expecting him to be angry, but sees him shake
his head gently.
MARION
Not yet, Thomas.
THOMAS
When?
Marion looks closely at his son, giving him the courtesy
of really thinking about the answer.
MARION
Seventeen.
THOMAS
But it's already been two years and
that's two more years. The war
could be over by then.
MARION
God willing.
Thomas considers it, then nods.
THOMAS
Alright. Seventeen.
Marion offers his hand. They shake firmly, like adults.
Marion takes the coat off Thomas and puts it back in the
trunk. They walk down the stairs together.
INT. POND BLUFF - DAWN
All is quiet. A dawn mist hovers close over the ground.
Some sparrows feed at the base of the apple tree near the
gravesite. DISTANT THUNDER. Low and rolling. The birds
stop feeding, uneasy, then fly away.
INT. MARION'S BEDROOM - DAWN
At another roll of the DISTANT THUNDER Marion awakes. He
gets out of bed and pulls on his clothes.
EXT. FRONT PORCH - MARION'S HOUSE - DAWN
Marion steps out to his front porch and listens. He knows
the sound, the DISTANT STACCATO BOOMS OF CANNON and the
PATTERING WAVE OF THOUSANDS OF MUSKETS FIRING.
One by one the children join him. Thomas, Nathan and
Samuel listen analytically. Margaret and Susan press
close against their father. William looks curiously at
the cloudless sky.
WILLIAM
Is it going to rain?
THOMAS
That's not thunder.
The SOUND BECOMES DEEPER, MORE OMINOUS. They all notice
the change.
NATHAN
Father?
MARION
Six-pounders. Lots of them.
MARGARET
How far away?
MARION
Four, five miles.
SAMUEL
Waxhaus?
MARION
Just east of it.
MARGARET
Are we safe here?
Marion puts on a smile.
MARION
Don't worry.
MARGARET
We could go stay at Aunt Charlotte's
farm. She's to the west.
MARION
No, there'll be skirmishers on the
roads. We're safer here.
Thomas appears at the doorway with a pair of muskets. He
gives one to Nathan and offers the other to his father.
MARION
Put those away.
THOMAS
But father, they might come this
way.
MARION
Put them away.
Reluctantly, Thomas takes the muskets back into the house.
MARION
Enough. I'll be in the workshop.
Samuel, the cows. Thomas, attend to
your studies here on the porch.
Nathan, on the back porch. If you
see anyone, come get me. Margaret,
please keep William close to you.
No one is to go past the yard wall.
They all nod. Marion walks off toward the workshop,
followed by Susan. The others hesitate.
MARION
Children.
They head off to do as they were told.
INT. WORKSHOP - DAY
Marion works the lathe. Susan watches from her perch on
the woodpile.
EXT. BARN - DAY
The SOUND OF A CRASH from inside the barn. An angry cow
runs out of the barn, dragging a tenacious Samuel who is
holding onto the cow's neck.
Samuel's grip fails and he lands in the dirt. The cow
runs about thirty yards down the hill, stopping on the
bank of the river. Samuel grabs a rope and heads down the
hill to get the cow.
ON THE RIVERBANK
As Samuel approaches the cow, he see it skittishly
approaching then retreating from the water. Then he sees
the cause -- the water in the river has a pale, pink hue.
Samuel stares at it, trying to figure out what it is.
Behind him, Margaret sees her brother beyond the yard
wall.
MARGARET
Samuel...
He doesn't respond. Margaret, trailed by William, walks
down toward Samuel.
MARGARET
Samuel, get up to the house. You
heard father...
Then she sees it, too. The pale pink is turning redder
and redder. And then the BODIES. First one, then more,
many more. Torn apart. Missing limbs. Those with wide-
open wounds, are already drained of blood. Others are
still seeping, leaving trails of deep red in the paler red
of the surrounding water.
Samuel, Margaret and William stand frozen, appalled and
fascinated.
MARION steps out of the workshop and sees the children at
the river. He can't see what they're looking at.
Irritated, he walks toward them. Then, as he nears the
river, he sees the color of the water and the bodies that
have hypnotized his children. He quickens his stride,
speaking calmly but firmly, careful not to frighten them.
MARION
Up to the house, now. All of you,
come on. Now.
EXT. MARION'S HOUSE - NIGHT
Quiet. Dark. Marion stands on the front porch, looking
out into the night, listening, hearing nothing. He
glances up at the star-filled sky, tracking his eyes from
the Big Dipper to the NORTH STAR.
BEHIND THE HOUSE, A FIGURE IN THE DARKNESS, carrying a
musket, moves from shadow to shadow.
INT. KITCHEN - NIGHT
Margaret and Samuel and William talk, their voices low.
SAMUEL
They're going to come.
MARGARET
Quiet.
SAMUEL
We're going to have to fight them
off.
WILLIAM
Father will do that.
SAMUEL
They'll probably kill us men and do
Lord knows what to you women.
MARGARET
Samuel!
A SOUND. They all stop. Something moved behind the
kitchen. Margaret silently eases the others out of the
room, through the darkened hall toward their father.
SUDDENLY IN FRONT OF THEM, A BLOODY FIGURE
Big. Hulking. In uniform. Margaret SCREAMS. William
and Samuel CRY OUT. The figure moves toward them...
Marion, on the porch, hears the scream, races into the
house. He sees the figure, moves toward it...
THE FIGURE MOVES INTO THE LIGHT... Marion sees the
bloodied face...
MARION
Gabriel!
Gabriel is wounded, battered and dirty. He carries a
musket and a dispatch case. He sways. Marion catches him
and eases him to a seat.
MARGARET
You're hurt.
THOMAS
The battle, were you there?
MARION
Margaret, get bandages and water.
Thomas, the porch, eyes open.
Marion checks Gabriel's wounds which are nasty but not
life-threatening.
GABRIEL
Have you seen any Redcoats?
MARION
Not yet. What happened?
Margaret brings water and linen to Marion who expertly
cleans Gabriel's wounds and applies field-dressings.
GABRIEL
It wasn't like Saratoga. There, we
stayed in the trees, but this time
Gates marched us straight at the
Redcoats. They fired two volleys
into us and we broke like straw. I
was given these dispatches... I saw
Virginia Regulars surrender... as
they laid down their weapons the
British Green Dragoons rode into
them and hacked them to bits...
killed them all, over two hundred
men.
Marion's appalled.
MARION
They had surrendered?
Gabriel nods. Marion's stunned. Gabriel tries to rise.
GABRIEL
I have to get these dispatches to
Hillsboro.
MARION
You're in no condition to ride.
GABRIEL
I have no choice, I...
Gabriel passes out. Marion catches him and carries him to
a day-bed in the parlor. As Marion lays him down, they
hear HEAVY MUSKET FIRE, VERY CLOSE.
Marion hurries to the door and looks out into the night,
the children cluster around him, seeing a strange sight.
A SKIRMISH IN THE FIELD BELOW THE HOUSE
Pitch black. Then a MUSKET FIRES, creating a FLASH OF
LIGHT that illuminates a tableau of soldiers, about three
dozen Redcoats and as many Patriots.
The strobe of the musket shot provides targets for an
ensuing VOLLEY OF SHOTS in every direction. Then
darkness, punctuated by SCREAMS OF PAIN, CONFUSED
HOLLERING and the RUSTLING OF ARMED MEN IN MOVEMENT.
Then the pattern repeats itself: A MUSKET FIRES,
illuminating a tableau of targets for another MURDEROUS
VOLLEY OF SHOTS.
MARION
Margaret, take William and Susan
down to the root cellar. Thomas, go
to the back porch. Nathan and
Samuel, the side windows. Keep out
of sight.
They hurry off. Marion steps into the house and opens his
gun cabinet. He extracts two pistols and a pair of
muskets. Then he steps back to the front door. He waits
and watches.
EXT. LOWER FIELD - POND BLUFF - DAWN
First light. The morning mist lies low over the field.
Marion warily approaches the scene of the battle. He
carries a Pennsylvania rifle, has another slung over his
shoulder, and has a pair of pistols in his belt.
As Marion nears the field he sees, appearing out of the
low mist, a nightmarish vision. Young Redcoats and
Continentals are scattered on the ground, dead and
wounded. Many have been hideously torn apart by the
massive musket balls. Blood is everywhere. Marion
hurries back toward the house.
EXT. LOWER FIELD - POND BLUFF - MORNING
Marion loads the wounded men onto a wagon, helped by
Thomas, Nathan and Samuel.
EXT. MARION'S HOUSE - POND BLUFF - DAY
The porch and yard have been turned into a field hospital.
There are about two dozen wounded, a few more Patriots
than Redcoats. Thomas, Nathan, Samuel and Margaret help
Marion tend the soldiers. William and Susan watch from
inside.
Marion treats an arm wound, retying a tourniquet,
stanching an ugly flow of blood.
Marion moves to the next of the wounded. Thomas starts to
help but Marion shakes his head.
MARION
He's dead...
Marion moves on to another.
MARION
Thomas, help me turn him over...
They turn over a young Continental and see a horrible
wound on his back. Thomas, swoons.
MARION
Thomas!
A hard glare from Marion strengthens his son. Together
they bandage the wounded man.
EXT. MARION'S HOUSE - AFTERNOON
Triage completed. Margaret and Samuel give water and
food. Marion kneels next to a CONTINENTAL SERGEANT and a
COUPLE OF PRIVATES who are less severely wounded than the
others.
CONTINENTAL SERGEANT
Thank you.
Marion nods, uncomfortable with the thanks.
MARION
Sergeant, there are seventeen
wounded men here. Seven Redcoats
and ten Patriots, counting my son
inside. That puts me in a difficult
position.
The Continental Sergeant knows what's coming. The
Privates and Marion's children don't.
MARION
You three are the least severely
wounded. I have to ask you to leave
and find care elsewhere.
The Privates are stunned at the request. The Sergeant
looks at Marion's children and nods.
SERGEANT
I understand.
He struggles to his feet and jerks his head for the two
Privates to do the same.
SERGEANT
Come on, boys.
Nathan, Samuel and Margaret are confused.
THOMAS
Father?
NATHAN
But they're wounded.
MARION
There are rules, even in war.
Marion motions to a large, old scar on his arm.
MARION
After the Battle of Ashuelot River,
against the French, I got this and
the one on my leg. I couldn't walk.
Washington had to march north. He
left me with other wounded men and a
like number of French prisoners.
Nine for nine. When the French
found us, their surgeon gave me the
best of care. We'll be safe this
way.
Marion's children are not convinced. The Sergeant and the
two Privates gather themselves to leave.
MARION
Your best chance is in Bennington,
seven miles east, along the river
road.
The wounded men nod grimly and start off down the road.
MARION
Thank you.
Marion and his children watch them go.
EXT. POND BLUFF ROAD - DAY
A dirt road runs along the edge of the Santee Swamps,
stretching toward green, rolling hills beyond. Beautiful
country. Peaceful. Then, the GROUND BEGINS TO SHAKE. A
THUNDEROUS SOUND rises, louder and louder. HORSES HOOVES.
From around a bend, a detachment of cavalry gallops:
British GREEN DRAGOONS. The finest light calvary in the
world. Hard, strong men. Excellent horsemen. Their
mounts are powerful, muscled and perfectly cared for. The
Dragoons themselves are all hardened veterans, marked with
the blood and dirt of a recent battle. Tired and
vigorous.
They're armed to the teeth. Each carries a flintlock
carbine, a brace of pistols and a sword. Some carry
lances as well. Regimental flags flutter. They are forty
of the most imposing, frightening horsemen imaginable.
And at their head, the most imposing man of all, LT.
COLONEL BANASTRE TARLETON. "The Butcher." Aristocratic.
Strong. Dark. A powerful horseman on the best mount of
the entire troop. Decorated. Imperious. No temper, just
hard, cold authority. His men struggle to keep up with
him.
Behind them, two dozen LOYALIST MILITIA CALVARY (American
civilians loyal to the crown). Nasty, local men.
Civilian clothes. Riding at their head is AMOS GASKINS,
grizzled, lower-class, wearing ill-fitting patrician's
clothing.
AROUND A BEND
The three wounded Patriots who just left Marion's farm
hear the horses coming, stand on the side of the road,
raise their arms and a white cloth of surrender.
The Green Dragoons rein in. Tarleton stops in front of
the three men. He motions for one of his men to lower his
weapon. Then he speaks calmly, quietly, to the wounded
men.
TARLETON
You're surrendering.
CONTINENTAL SERGEANT
Yes, sir.
TARLETON
What unit?
CONTINENTAL SERGEANT
First Virginia Regulars under
Colonel Hamilton.
TARLETON
Who cared for your wounds?
They hesitate.
CONTINENTAL SERGEANT
We did.
TARLETON
With a lace table cloth?
Tarleton turns to his second-in-command, MAJOR WILKINS.
TARLETON
Kill them.
Tarleton rides off. Wilkins and several other Dragoons
calmly FIRE THEIR PISTOLS, killing the three Patriots.
The troops ride off, thundering past the bodies of the
three men.
EXT. POND BLUFF - DAY
Marion and his children tend the wounded. Gabriel, weak
but walking, helps. REDCOAT INFANTRY appears out of the
woods, heading toward the house. Three dozen men. Scouts
and flank units covering the main body. Marion gathers
his family around him, stands and waits.
The Redcoats get to the house, warily eye the wounded and
Marion's family. A young REDCOAT LIEUTENANT motions his
men to check out the house and barn, then looks at the
wounded, doing a silent count. He turns to Marion.
REDCOAT LIEUTENANT
These men are of my regiment. Thank
you.
Marion nods. ONE OF THE REDCOATS emerges from the house
carrying Gabriel's dispatch case.
REDCOAT
Rebel dispatches, sir.
Gabriel steps up.
GABRIEL
I carried those. I was wounded,
these people gave me care, they have
nothing to do with the dispatches.
REDCOAT LIEUTENANT
I understand.
The SOUND OF HORSES HOOVES. All turn and see:
TARLETON AND THE GREEN DRAGOONS
Thundering down the road toward the house. It's an
impressive, frightening sight.
They rein in their horses, stopping in the yard, enveloped
by their trailing cloud of dust.
Tarleton surveys the scene, then speaks to the young
Redcoat Lieutenant.
TARLETON
Lieutenant, have a detachment take
our wounded to our surgeons at
Camden crossing. Use whatever
horses and wagons you can find here.
REDCOAT LIEUTENANT
Yes, sir.
He hands the dispatch case to Tarleton.
REDCOAT LIEUTENANT
We found this, sir.
Tarleton opens it and quickly scans the contents.
TARLETON
Who carried this?
GABRIEL
I did.
TARLETON
(to Lt. re: Gabriel)
Take this one to Camden, he's a spy.
He will be hung.
Marion quickly steps between Tarleton and Gabriel.
MARION
Colonel, he's a dispatch rider and
that's a marked dispatch case.
Tarleton ignores Marion and continues speaking to the
Lieutenant.
TARLETON
Fire the house and barns.
REDCOAT LIEUTENANT
Yes, sir.
MARION
Colonel...
REDCOAT LIEUTENANT
And the Rebel wounded?
TARLETON
Kill them.
The Redcoat Lieutenant and several of his men are shocked
by the order. Marion is, also, but he's more concerned
with Gabriel. He pushes past some Redcoats and stands at
Tarleton's mount, looking up.
MARION
A dispatch rider with a marked case
cannot be held for spying.
Tarleton finally pays attention to Marion. He looks down
at his anguished face and offers the barest of smiles.
TARLETON
We're not going to hold him, we're
going to hang him.
MARION
But...
Tarleton draws his pistol and points it at Marion.
Gabriel tries to intercede but is held back by a burly
Redcoat Corporal.
GABRIEL
Father...
TARLETON
Oh, he's your son. You should have
taught him about loyalty.
MARION
Colonel, I beg you, please
reconsider. By the rules of war, a
dispatch rider with a marked case...
Tarleton controls his shifting mount, keeping his pistol
trained on Marion's face.
TARLETON
Would you like a lesson in the rules
of war?
Marion doesn't answer. He looks up at Tarleton coldly,
taking his measure, waiting to see if he's going to pull
the trigger.
Tarleton walks his horse a couple of steps and shifts his
aim, pointing the pistol among Marion's children.
TARLETON
Perhaps your children would.
The children are terrified. Thomas is more angry than
frightened. Marion quickly steps between the pistol and
his children and speaks quietly to Tarleton.
MARION
No lesson is necessary.
Tarleton sees the terrified expressions on the faces of
Marion's children. He smiles at the effect. Then he
holsters his pistol.
Marion and his children watch as one of the Redcoats ties
Gabriel's hands. Thomas is beside himself.
THOMAS
Father, do something.
Thomas grows increasingly agitated. He sees that his
father is going to do nothing. He gauges the distance
between Gabriel and the cover of the nearby woods.
Then suddenly, Thomas SPRINGS. He RUNS, THROWING HIMSELF,
into the two Redcoats holding Gabriel, KNOCKING THEM DOWN.
THOMAS
Gabriel! Run!
Gabriel is too shocked to take flight. A few of the
Redcoats, including one of the ones knocked down, shake
their heads with sad laughter at Thomas' ineffectual
gesture. One of them grabs Thomas by the scruff of the
neck and yanks him to his feet.
TARLETON sees the commotion. Without pausing he DRAWS HIS
PISTOL AND FIRES, HITTING THOMAS IN THE BACK.
THOMAS is thrown to his knees by the shot. Stunned,
confused, he looks down and sees the massive exit wound in
his chest.
MARION, horrified, catches Thomas as he falls, easing him
to the ground.
MARGARET CRIES OUT. THE OTHER CHILDREN are stunned to
silence.
The REDCOATS are frozen in place. Tarleton's GREEN
DRAGOONS are impassive, having seen worse.
MARION holds his son, looking at the huge,
incomprehensible wound. He knows that Thomas is already
dead, though his body still moves.
MARION'S stunned agony turns to fury. He rises, his eyes
trained on Tarleton, then stops as...
TARLETON raises a second loaded pistol and a DOZEN GREEN
DRAGOONS raise pistols and carbines, aiming them at Marion
and his children.
MARION FREEZES, torn between his fury and fear for his
other children. He locks his eyes on Tarleton.
TARLETON calmly baths in Marion's anger. Then, with a
hard yank of the reins, he jerks his horse's head around
and utters a sharp command to Wilkins.
TARLETON
Major.
Tarleton spurs his horse and rides off without looking
back. His GREEN DRAGOONS THUNDER after him.
MARION'S CHILDREN begin to cry. Margaret tries to revive
Thomas' lifeless body, gently caressing his cheek.
MARGARET
Thomas, please, Thomas...
The Redcoats watch in silence. MARION LOOKS AT GABRIEL
and turns to the Redcoat Lieutenant.
MARION
Lieutenant, please...
The Lieutenant wavers, but he looks after the departing
Tarleton and his resolve stiffens. He turns coldly to
Marion.
REDCOAT LIEUTENANT
I have my orders. Sergeant!
The Redcoat infantrymen scatter, some to get horses and
wagons from the barn, others to torch the buildings.
MARION stands among the children, all of whom look to
Marion with pleading eyes, waiting for him to do
something.
MARGARET
Papa, look what they did to
Thomas...
NATHAN
Father, they're going to take
Gabriel...
With stone-faced fury, Marion watches the Redcoats do
their work.
From the barns, they hear the sounds of MUSKETS FIRING and
the SQUEALS OF THE LIVESTOCK being killed.
Other REDCOATS TORCH THE HOUSE, BARN AND OUTBUILDINGS.
THE FLAMES RISE.
The Redcoats bring out Marion's wagons and carriages and
begin loading the Redcoat wounded.
The Redcoat Lieutenant and several of his men walk among
the Patriot wounded who start to struggle to their feet,
begging for mercy. The Redcoats quickly OPEN FIRE, as if
to get it over with.
The WOUNDED PATRIOTS CRY OUT. More SHOTS. Then SILENCE.
GABRIEL, his hands bound behind him, looks to his father
with a combination of resoluteness and fear. Marion locks
eyes with him.
NATHAN
Father, you can't let them take
him...
MARION
Quiet.
MARION AND THE CHILDREN
Watch as the Redcoats form up and move out, leading
Gabriel on a tether. Gabriel looks back helplessly but a
hard jerk on the rope by one of the Redcoats turns him
around. They disappear around a bend in the road.
THE INSTANT THE REDCOATS ARE OUT OF SIGHT, MARION speaks
firmly to his weeping children.
MARION
Don't move.
MARION STRIDES to his front door and ENTERS THE BURNING
HOUSE.
INSIDE, FIRE EVERYWHERE. Picking a route between the
flames, Marion walks to his gun cabinet. He opens it and
pulls out weapons -- two Pennsylvania rifles, two muskets,
two pistols, a long-bladed knife and a worn tomahawk. He
carries them, with powder horns and ammunition pouches
back toward the door.
Marion walks OUT OF THE BURNING HOUSE.
MARION
Nathan, Samuel...
Without breaking stride, Marion throws muskets to Nathan
and Samuel who catch them.
MARION
Margaret, take William and Susan to
the river shed. Hide there. If
we're not back by dawn, go up the
river to the Richardson's house.
They'll take you to your Aunt
Charlotte's farm. Nathan, Samuel,
and I are going to get Gabriel.
MARGARET
But what about Thomas?
MARION
Leave him. Take care of William and
Susan.
Marion runs off toward the woods, Nathan and Samuel
follow. Margaret hesitates, then herds William and Susan
toward the river. The house is enveloped in flames.
EXT. WOODED PATH - AFTERNOON
Marion runs, breathing hard, keeping a punishing, steady
pace. Nathan and Samuel run behind, less winded than
their father. Marion makes up with cold fury what he
lacks in youth.
EXT. WOODED HILLSIDE - AFTERNOON
Marion runs up to the crest of a wooded hill. Slows.
Crawls the last few feet. Nathan and Samuel just behind
him. Looks over the hillside.
A path runs through a glen, about fifty feet below.
Marion's eyes dart, absorbing the terrain, looking for
advantage. He points.
MARION
Nathan, there. Samuel, there.
The boys go where they're told.
MARION
I'll fire first. Then, Nathan, kill
whoever is standing closest to
Gabriel. Samuel, kill the last man
in the line.
They stagger under the weight of the orders. Marion
notices but continues.
MARION
After that, Samuel, load for Nathan.
If something happens to me, put down
your weapons and run as fast as you
can, that way, downhill. Hide in
the brush by the river, then make
your way home, get the others and go
to Aunt Charlotte's farm.
The boys hesitate. Marion looks at them firmly.
MARION
Boys... steady.
NATHAN & SAMUEL
Yes, father.
Marion disappears into the underbrush.
DOWN THE PATH
The dozen Redcoats approach. Leading Gabriel on the rope.
AHEAD OF THEM
Marion waits in the thick undergrowth.
On the hillside, Nathan and Samuel grip their muskets and
exchange a frightened, troubled look.
The REDCOATS enter the glen.
MARION waits, then picks his moment and FIRES, killing the
Redcoat Lieutenant with a shot to the chest.
NATHAN AND SAMUEL INSTANTLY FIRE, dropping the last
Redcoat in the line and the one holding Gabriel's rope.
THE REDCOATS STOP in confusion...
GABRIEL kneels, out of the line of fire.
The REDCOAT SERGEANT takes command...
REDCOAT SERGEANT
FORM BY TWOS! BACK-TO-BACK LINES...
MARION KILLS the Sergeant with a shot to the throat...
Samuel finishes reloading, swaps muskets with Nathan who
FIRES, DROPPING ANOTHER REDCOAT.
REDCOAT CORPORAL
READY...
Marion FIRES, killing the Corporal, the last man of
rank...
Marion ducks to the side as a VOLLEY OF REDCOAT MUSKET
FIRE tears into the spot marked by Marion's rifle smoke...
FROM THIS MOMENT ON, MARION NEVER STOPS MOVING. He
strides rather than runs, staying just inside the brush,
offering only glimpses of himself. He changes his pace
and direction repeatedly, ducking and weaving, firing and
loading while moving. He never gives the Redcoats a
stationary target, especially one marked by billowing
smoke from his flintlock. It's an Indian tactic and it
works.
The Redcoats TRACK HIM WITH THEIR BARRELS, about to
fire... Marion suddenly STOPS DEAD, REVERSES DIRECTION,
several REDCOATS FIRE AND MISS.
Six Redcoats left. Some primed, some reloading. A
REDCOAT draws a bead on Marion who drops to the ground and
FIRES, killing him.
Samuel, WEEPING as he loads, hands a primed musket to
Nathan who FIRES...
The Redcoats turn their attention to THE SPOT MARKED BY
NATHAN'S SMOKE...
Marion SEES THE REDCOATS AIMING TOWARD THE BOYS. He
instantly STRIDES OUT INTO THE OPEN, drawing the Redcoats'
attention from his sons...
Marion FIRES BOTH HIS PISTOLS, killing two Redcoats...
One Redcoat finishes reloading... Marion rushes him,
shoves aside the barrel and SLAMS him in the face with the
butt of the musket...
This is a DIFFERENT MARION, a vicious, savage Marion,
killing with stunning brutality...
Marion drops his own expended rifle and CATCHES THE
REDCOAT'S LOADED MUSKET before it hits the ground shoves
that musket into another Redcoat's belly and FIRES...
Two Redcoats left, neither finished loading...
MARION CHARGES, drawing his TOMAHAWK, ignores a GLANCING
BAYONET WOUND to the neck, HACKS a Redcoat open...
Splattering himself with BLOOD...
The final Redcoat, a cherubic-face young man, ducks into
the woods... Marion tears after him...
A FOOTRACE... the young Redcoat BLASTING THROUGH THE
BRUSH... the older Marion, panting, losing ground...
A CLEARING... the Redcoat is almost to the cover of the
trees on the far side...
MARION THROWS HIS TOMAHAWK which FLIES through the air and
SINKS IN THE REDCOAT'S BACK...
Marion runs to the wounded Redcoat, grabs his hair, yanks
back his head and SLITS HIS THROAT...
Then, without pausing, Marion wrenches the tomahawk from
the Redcoat's body, and races back toward his sons...
AT THE GLEN
Nathan and a weeping Samuel, stunned at the carnage,
stumble down the hillside toward Gabriel. Marion runs up
and motions for them to stop.
Marion, checks the Redcoats, making sure they're all dead.
MARION
Samuel, reload. Nathan, untie
Gabriel.
They quickly do so as Marion picks up a loaded musket and
scans the road and the underbrush. In a moment they're
ready. Marion finds his own Pennsylvania rifle, then he
and his sons disappear into the underbrush.
EXT. POND BLUFF - DAY
The house and barns smolder. Thomas' body lies in the
yard. Nearby, the bodies of the Patriot wounded, now
dead.
EXT. RIVER SHED - POND BLUFF - DAY
Margaret waits in the shed with William and Susan. They
hear a SOUND. APPROACHING FOOTSTEPS. Margaret pulls her
sister and brother to her and waits.
The door opens. It's Marion and Gabriel, Nathan and
Samuel. Margaret and the little ones throw themselves
into Marion's arms.
Margaret notices the blood on Marion. She hesitates but
her relief tightens her embrace.
EXT. POND BLUFF - DAY
Marion, trailed by his children, walks past the soldiers'
bodies and the remains of their house.
He kneels down next to Thomas' body. On the ground Marion
sees several of THOMAS' LEAD SOLDIERS. He stares at them
for a moment, picks them up and puts them in his pocket.
Marion picks up Thomas and carries him up the hill toward
the apple tree and Elizabeth's grave. The children
follow.
EXT. HILLTOP - POND BLUFF - DAY
Marion digs a grave. The children watch. The only sounds
are Marion's labored BREATHING, the RASP OF THE SHOVEL and
the RUSTLE OF DEAD LEAVES blown along the ground by a soft
wind.
Some dry leaves catch on Thomas' still wet blood, as if
trying to bandage his wound.
EXT. HILLTOP - POND BLUFF - DAY (LATER)
Marion puts the last shovelfuls of dirt on the grave.
Near tears and unsure of what to do next, he turns to
Elizabeth's gravestone. The soft wind blows. Marion
listens.
He turns and sees his children looking up at him. Holding
in his own tears, he gathers the children around him and
let's them cry.
MARION
There, there... he's alright... he's
with your mother now...
He stiffens, speaking formally:
MARION
Lord, we pray that You accept this
child, Thomas Marion and give him a
place at Your side with his mother.
We ask that You embrace him and help
us to understand the manner in which
Your mercy works. This we ask, in
Your name. Amen.
MARION'S CHILDREN
Amen.
Marion looks at Elizabeth's grave, then he gently eases
his children away.
EXT. BENNINGTON OVERLOOK - DAY
Marion and his children stop at the overlook, seeing the
Santee River valley spread out before them. The SMOKE
from two dozen farms rises.
GABRIEL
The Morgans, the Halseys, Williams,
Stantons...
The smoke from the separate fires joins together high in
the sky, forming what looks like stormclouds. They walk
on.
EXT. CHARLOTTE'S FARM - NIGHT
Marion and his children wait in the cover of the woods.
They see a pair of shadowed figures coming toward them
from the house, Gabriel and Charlotte.
GABRIEL
Father, it's safe.
Marion hustles the children out of the woods.
INT. BEDROOM - NIGHT
Charlotte sits, holding a sleeping Susan. The other
children lie awake on pallets. Marion, still streaked
with dried blood and sweat, tucks William and Margaret
into bed.
MARION
Sleep, now.
Marion moves on to Nathan.
NATHAN
Father... I killed those men...
MARION
Don't blame yourself, you did what I
told you to do.
NATHAN
I'm glad I killed them... I'm
glad...
Marion isn't. He turns to Samuel who's cried-out. Marion
reaches out to touch him but Samuel recoils from Marion's
blood-streaked hand. Marion sighs and tucks him in.
MARION
Try to get some sleep.
Marion moves to take Susan from Charlotte who shakes her
head.
CHARLOTTE
I'll stay with them.
Marion nods and leaves Charlotte with the children.
INT. CHARLOTTE'S LIVING ROOM - NIGHT
Marion enters. He starts to pace but grows unsteady. He
rears back as if screaming but no sound comes from his
mouth, as he looks upstairs, knowing his children are
searching for the solace of sleep.
He opens a cabinet, pulls out a bottle of liquor, pours
and drinks. Then another.
THE SOUND OF HORSEMEN. Gabriel walks in. Tired. Grim.
GABRIEL
How are they?
Marion just shakes his head.
GABRIEL
Gates is at Hillsboro with the
Continental Army. I'll leave in the
morning to join him.
Marion nods. Marion and Gabriel stand in silence for a
long moment, neither one finding words. Then Gabriel
speaks softly.
GABRIEL
I'll tend my horse.
He leaves Marion alone.
INT. CHARLOTTE'S FARMHOUSE - NIGHT (LATER)
Marion stares at the fireplace. Charlotte walks in
carrying a pitcher and fresh clothing.
CHARLOTTE
They're asleep.
Marion is silent. Charlotte pours water into a washbowl
and motions to Marion. He takes off his shirt. She
begins cleaning away the blood and tending the wound on
his neck.
MARION
How did this... how did I let this
happen?
CHARLOTTE
You couldn't have known.
MARION
I should have known... once I would
have... I used to be wary... and
today I watched my son killed before
my eyes... your sister civilized me
and I damn myself for having let
her...
CHARLOTTE
Thomas is dead but you've done
nothing for which you should be
ashamed.
MARION
I've done nothing and for that I am
ashamed.
She looks at him closely.
CHARLOTTE
If you go, I'll care for them as if
they were my own.
MARION
I'll leave in the morning with
Gabriel.
He stares past her, looking at the flames in the
fireplace. She tends his wounds.
EXT. PORCH - CHARLOTTE'S FARMHOUSE - MORNING
Marion and Gabriel finish saddling their horses. Marion
embraces Nathan and Samuel. Then he turns to Margaret,
William and Susan.
WILLIAM
When will you be back?
MARION
I don't know, William.
WILLIAM
Tomorrow?
Marion winces. Margaret puts her arm around William.
MARGARET
No, not tomorrow.
Marion kisses them both, then moves on to Susan, trying to
coax a word out of the silent four-year-old:
MARION
Goodbye?
She just looks at him.
MARION
Just one word? Goodbye? That's all
I want.
Susan shakes her head. He sighs, rises and turns to
Charlotte. They hesitate, then embrace, hugging deeply
but a bit awkwardly, holding each other just a moment
longer than one would expect. She looks up at him... he
kisses her on the cheek.
Marion mounts up. And he and Gabriel head off, Susan,
unnoticed and unheard, whispers:
SUSAN
Goodbye.
Marion and Gabriel ride away.
EXT. CAMDEN ROAD - DAY
Marion and Gabriel ride past the signs of a small
skirmish. Bodies. Abandoned wagons. Dead horses. A
burning farm.
EXT. CAMDEN HILLSIDE - DAY
Marion and Gabriel ride to the crest of a hill. A vista
spreads out before them. They see an awesome sight -- A
MASSIVE SLASH OF RED approaches a MASSIVE SLASH OF BLUE.
A battle is taking place about five miles away.
Gabriel starts to spur his horse but Marion restrains him.
MARION
No, it's too late.
Gabriel stops. Marion points out brightly colored
clusters of men behind each army.
MARION
Command posts... Patriot...
British...
The distant slash of red stops. Marion and Gabriel hear
only a GENTLE WIND and some nearby SONGBIRDS.
Then, from a black mass of the side of the red slash, a
sudden, silent eruption of white smoke.
An instant later, the blue slash quivers. A moment later
the SOUND OF THE CANNONS, RUMBLES UP THE HILL and rolls
over Marion and Gabriel.
The RED SLASH STOPS moving. It darkens as thousands of
Redcoats raise their muskets and the front ranks kneel
into firing position.
Marion's eyes dart. He knows what's coming.
MARION
Break for the trees... break for the
trees...
A MASSIVE ERUPTION OF WHITE SMOKE billows from the red
slash. An instant later, the blue line starts to break up
as hundreds of distant Patriots fall.
The SOUND OF THE BRITISH MUSKETS reaches Marion and
Gabriel like the pattering of rain.
Then the SMOKE OF INEFFECTIVE, SCATTERED VOLLEYS erupts
from the Patriot lines. The red line holds firm.
MARION
Send them to cover! Goddamn you!
But the blue line of the Patriots stays in the open field.
From behind the Redcoats, FAST-MOVING GREEN AND RED MASSES
move quickly onto the battlefield. CAVALRY.
GABRIEL
Father, we have to do something...
The British cavalry slams into the blue line, shattering
it. Tiny bits of blue move in every direction.
GABRIEL
Father...
MARION
It's already over.
Marion watches, appalled. At this distance the moving
slashes of color and billowing smoke are strangely
beautiful. Marion turns his horse and heads down the
hill, toward the rear of the Patriot lines.
EXT. AMERICAN ENCAMPMENT - NIGHT
A nightmare. SCREAMS OF AGONY. A few hundred battered,
Patriot survivors treat their wounded and prepare to move
out. The battle, so bloodless and beautiful at a
distance, has, in its aftermath, become horrifically
painful and ugly.
Marion and Gabriel ride into camp, passing nervous
sentries and a field surgery which is surrounded by pools
of blood and amputated legs and arms. Marion sees HARRY
LEE at a make-shift command post, barking orders, trying
to pull things together.
LEE
Damn you, Sergeant, don't move the
wounded twice, put them straight on
the wagons from the surgeons.
PATRIOT SERGEANT
Yes, sir.
LEE
Lieutenant, detail men for
outriders. We move out as soon as
the wounded are ready.
LIEUTENANT
Yes, sir.
The Lieutenant rushes off. Lee notices Marion and
Gabriel, surprised to see them. He jerks his head for
them to follow him into:
LEE'S COMMAND TENT
Once out of sight of the men, Lee loses his command
bearing. Exhausted, he leans on his campaign table and
looks closely at Marion, asking with his eyes why Marion
is here.
MARION
Green Dragoons came to my home,
killed my son, Thomas. It was
Tarleton himself.
LEE
I'm sorry.
MARION
I'm sorry I wasn't here for this.
LEE
There's nothing you could have done,
Gates is a damned fool.
MARION
We saw.
LEE
I begged him to stay in the cover of
the trees but he insisted the only
way to break Cornwallis was muzzle-
to-muzzle. He spent too many years
in the British army.
MARION
Where is he now?
LEE
Last anyone saw, riding hard,
northeast, his staff a hundred yards
behind, trying to catch up.
MARION
Who's in command?
LEE
I am, I think.
MARION
What are my orders?
Lee gives Marion a tired smile.
LEE
If you want orders, I've got some
for you.
Lee ROLLS OUT A MAP for Marion and Gabriel.
LEE
We're a breath away from losing this
war. In the North, Washington is
reeling from Valley Forge, running
and hiding from Clinton and twelve
thousand Redcoats.
(pointing)
Here in the South, Cornwallis has
broken our back. He captured over
five thousand of our troops when he
took Charleston and today he
destroyed the only army that stood
between him and New York.
MARION
So now Cornwallis will head north,
link up with Clinton and finish off
Washington.
LEE
And Patriots will start dying on the
gallows instead of the battlefield.
(beat)
Unless we can keep Cornwallis in the
South until the French arrive. A
treaty was signed at Versailles
after our victory at Saratoga. The
French are sending a fleet and ten
thousand troops.
MARION
When?
LEE
Fall, six months at the earliest.
MARION
Long time.
LEE
The bigger problem is where, not
when. The French fleet won't sail
north of the Chesapeake for fear of
early storms.
MARION
So you're going to try to keep
Cornwallis in the South until then.
LEE
Not me, you. I'm going north with
every Continental regular I can find
to reinforce Washington or he won't
last six weeks.
MARION
You expect Cornwallis to be held
here by militia?
LEE
Not held, just slowed down.
MARION
They're nothing but farmers and
you're asking them to try to keep a
tiger in their backyard. They'd be
better off letting it move on.
LEE
They'd be better off, but the cause
wouldn't be.
MARION
How many men does Cornwallis have
under his command?
LEE
Four thousand infantry and around
six hundred cavalry...
(beat)
... including the Green Dragoons
under Tarleton.
At the mention of Tarleton, Marion nods.
MARION
I'll do what I can.
Lee quickly writes something.
LEE
I'm giving you a field commission as
a colonel.
He hands it to Marion. Gabriel steps forward.
GABRIEL
Colonel Lee, I request a transfer to
Colonel Marion's command.
LEE
Granted.
Lee scribbles another order and hands it to Gabriel. Then
he turns to Marion.
LEE
Good luck.
Marion nods. They duck out of the tent.
EXT. AMERICAN ENCAMPMENT - NIGHT (LATER)
Marion and Gabriel stand watching Lee and his Continental
regulars move out. Gabriel turns to Marion.
GABRIEL
What now, sir?
MARION
We put out the word. We'll start
along the south side of the
Santee...
GABRIEL
We'd cover more ground if we split
up.
MARION
It's safer if we stay together.
Gabriel steps in front of Marion.
GABRIEL
Colonel, I didn't request this
transfer because you're my father.
I requested it because I believe in
this cause and this is where I can
do the most good.
MARION
Oh?
GABRIEL
I've been doing this for two years.
I'm the best scout in the
Continental Army, the best horseman,
the best shot, the best scavenger
and I know every deer path and swamp
trail between here and Charleston.
MARION
Is that so?
GABRIEL
Yes, sir.
(beat)
My father taught me.
Marion looks at Gabriel closely.
MARION
Did your father teach you humility?
GABRIEL
He tried. It didn't take.
Marion looks Gabriel up and down.
MARION
Alright, Corporal, you take
Bennington, Harrisville, Acworth and
the farms along Black Swamp. I'll
take the north side of the river.
We'll meet at Snow's Island.
GABRIEL
Yes, sir.
They mount up.
MARION
And, Corporal...
(beat)
... be careful.
GABRIEL
Yes...
(beat)
... father.
They ride off in different directions.
EXT. BRADFORD VILLAGE - NIGHT
Marion rides into a small village, passing several bodies
in blue Continental uniforms, hanging from lampposts.
Marion stops in front of a tavern, dismounts and enters.
INT. TAVERN - BRADFORD - NIGHT
As Marion walks in he's greeted by cold stares from half-
a-dozen men, huddles over their drinks.
MARION
I'm looking for John Billings.
BARTENDER
He's dead.
Marion looks closely at the grim, suspicious men.
MARION
If he comes back from the dead, tell
him Francis Marion is looking for
him.
BARTENDER
I'll be sure to do that.
As Marion turns to leave he notices an open bottle of
Madeira on one of the tables. He stops.
MARION
I'll wait. Miracles happen.
A stand-off. Then, a hulking FIGURE appears in the
shadows at the back doorway. He's JOHN BILLINGS, big,
coarse, about Marion's age. Billings jerks his head for
Marion to join him in the back room.
INT. BACK ROOM - TAVERN - NIGHT
Dark. Marion and billings talk over a bottle.
BILLINGS
You expect to hold Cornwallis with
militia?
MARION
I expect to try.
BILLINGS
Trust you and Harry Lee. Remember
that damned overland you two thought
up in '62 to hit Fort Louis?
MARION
It worked. How many men can you
raise?
BILLINGS
Not many. Dalton, Scott, they've
got their reasons; Rev. Oliver,
he believes in the cause; some of
the young bucks; a few like me with
nothing to lose...
(beat)
What about you? You've got a lot to
lose.
Marion drains his glass and stands up.
MARION
You coming, or not?
Billings drains his glass. They walk out together.
EXT. TAVERN - BRADFORD - NIGHT
Marion and Billings ride away from the tavern, passing the
hanging Patriot bodies.
EXT. SNOW'S ISLAND - SANTEE SWAMPS - NIGHT
A CACOPHONY OF BIRDS AND INSECTS. Swamp maples and
willows form a canopy over moss-covered mounds and pools
of plant-choked water.
Gabriel leads several men, riding along a dry path that
snakes through the swamp. They cross a narrow land bridge
onto a wooded island, joining a dozen-and-a-half men,
including Marion who kneels at a campfire.
CLOSE SHOT: Several of Thomas' brightly painted LEAD
SOLDIERS MELT in a cast-iron pan. The little men fall to
their knees then lose form, turning into bubbling, molten
metal.
The new arrivals dismount and greet the others.
Gabriel steps up behind Marion and watches as he pours the
lead into a bullet mold, closes the lid and dips the mold
into a bucket of water which HISSES and STEAMS.
GABRIEL
Father, this war is about more than
Thomas.
Marion doesn't look up.
MARION
Is it?
GABRIEL
If you're here only for revenge,
you're doing a disservice to him as
well as yourself.
MARION
How old are you?
GABRIEL
You know how old I am.
MARION
God help us all when you're forty.
Marion puts some more lead soldiers into the pan. Gabriel
shakes his head, turns away and goes to tend his horse.
EXT. SNOW'S ISLAND ENCAMPMENT - MORNING
Day breaks. A low, thick swamp mist covers the
encampment. Marion, sits alone by the embers of last
night's campfire. The men are awake. Some eat, others
talk.
Marion pulls himself out of his dark reverie. He takes
the bullets from the mold and puts them in a pouch
attached to his weapons' belt. Then he rises and heads
over to the men.
He surveys his brigade. Twenty-six men: framers,
artisans, mountain men, none in uniform. Marion walks
among them, nodding familiarly to several. He notices an
imposing looking Cherokee Indian, BROTHER JOSEPH, standing
a bit apart from the others. They exchange nods.
He notices a stern-looking man in partial clerical garb,
REV. CHARLES OLIVER.
MARION
Reverend.
REV. OLIVER
I heard about your son. I'm sorry.
Marion accepts his condolences. He notes GEORGE DALTON, a
tough-looking, rustic man with an ice-cold, distant stare.
MARION
Dalton.
Dalton doesn't respond. Marion recognizes another face,
ABNER BROWN, African-American, around thirty, rugged.
Marion addresses the men who do not gather around so much
as just give him their attention.
MARION
You all have your own reasons for
being here. I lost a son and I
intend to kill the man who killed
him...
Marion pauses and looks over at Gabriel.
MARION
... But I don't consider that man's
life adequate payment for the life
of my son, and killing him won't
keep the sons of other men from
dying...
Gabriel nods, approvingly.
MARION
Cornwallis has to move north. We
have to keep him right here. If
he's south of the Chesapeake when
the French arrive, if the French
arrive, we have a chance of winning
this war.
Marion looks from face to face.
MARION
Eat, get some rest, we move out in
two hours.
Marion heads back to his campsite, passing Gabriel without
looking at him, but very aware of his son's eyes on him.
EXT. BRITISH FIELD HEADQUARTERS - CAMDEN - DAY
A massive British army field encampment. Thousands of
well-armed, veteran troops. Large detachments of Redcoats
march through endless rows of tents. Some are battle-
worn, others are fresh troops moving out.
TARLETON and his GREEN DRAGOONS, covered with dirt and
sweat, ride into the encampment. Tarleton and Wilkins
peel off, riding to the front of a farmhouse that has been
commandeered for British headquarters. They dismount and
stride in.
INT. CORNWALLIS' HEADQUARTERS - CAMDEN FARMHOUSE - DAY
British officers, clerks and aides work. They're in good
spirits. LORD CORNWALLIS, a proud man, comfortable with
command, coldly notes one of his officers slapping another
on the back. MAJOR HUNTINGTON rolls out a map for
Cornwallis.
CORNWALLIS
Gentlemen.
The officers gather around the map.
CORNWALLIS
Major, this is not an adequate map.
MAJOR HUNTINGTON
We have better coming on the
trailing supply convoy from
Charleston.
CORNWALLIS
A useful place for our maps.
MAJOR HUNTINGTON
I'm sorry, sir, it won't happen
again.
Tarleton enters, followed by Wilkins.
CORNWALLIS
My harrier. Join us, Colonel.
TARLETON
Sir.
Tarleton and Wilkins join them around the map.
CORNWALLIS
Gentlemen, celebration is premature.
We have a difficult campaign ahead
of us. We are in predominately
hostile country and we cannot rely
on forage. As we move north, the
bulk of our supplies will reach us
by sea, through Charleston, which
will give us a long and vulnerable
supply line, one that can only be
secured if the locals are loyal to
the crown.
CORNWALLIS' OFFICERS
(multiple)
Yes, sir.
Cornwallis turns to his field officers, paying particular
attention to Tarleton.
CORNWALLIS
Nonetheless, we must remember that
this is a civil war...
Tarleton proudly holds Cornwallis' look.
CORNWALLIS
These colonials are our brethren and
when this conflict is over, we will
be reestablishing commerce with
them. Surrendering troops will be
given quarter and unwarranted
assaults on civilians will cease.
Wilkins shifts uneasily. Tarleton isn't cowed.
CORNWALLIS
I expect this war to be fought in a
vigorous but civilized manner.
Cornwallis looks at his other officers.
CORNWALLIS
Have I made myself clear, gentlemen?
OFFICERS
(multiple)
Yes, sir.
Cornwallis shifts his eyes back to Tarleton who was not
among those who spoke. Tarleton pointedly pauses a
moment, then says:
TARLETON
Yes, sir.
Cornwallis turns his attention back to the map. His men
gather around.
EXT. CORNWALLIS' FIELD HEADQUARTERS - CAMDEN - DAY
Tarleton and Wilkins walk out and mount up.
WILKINS
I believe he was speaking to us,
Colonel.
TARLETON
Did you know that Lord Cornwallis'
father was a tenant on the estate of
my grandfather?
Tarleton jerks his reins and rides off. Wilkins laughs
and follows.
EXT. WOODED ROAD - DAY
A British supply train of several dozen wagons, a herd of
horses and accompanying Redcoats makes its way.
ON A WOODED HILLSIDE, Gabriel lies on the ground,
observing the convoy. He eases back, mounts up, and rides
off.
EXT. BRIDGE - SANTEE RIVER - DAY
Marion and his men wait, well-hidden in the brush on a
rise, just above the bridge. Gabriel rides up.
GABRIEL
Less than a mile. Forty-one wagons,
a company of Redcoat infantry,
horses at the rear.
MARION
Flanking riders?
GABRIEL
I didn't see any.
Marion nods and motions to his men who check their weapons
and pass the word. Gabriel ties up his horse and takes a
position near his father.
EXT. SANTEE ROAD - NIGHT
The British convoy rounds the curve. When two-thirds of
the wagons have crossed the bridge, Marion FIRES, killing
the Redcoat of highest rank, a CAPTAIN.
BILLINGS AND DALTON heave CORKED BOTTLES which break,
spreading their OILY CONTENTS on the wooden bridge.
BROTHER JOSEPH fires a FLAMING ARROW, igniting the oil.
The BRIDGE BURSTS INTO FLAMES, cutting off the tail of the
convoy, stranding a dozen wagons and the herd of horses on
Marion's side of the river.
A REDCOAT LIEUTENANT takes command.
REDCOAT LIEUTENANT
Across the river! Covering fire!
Double rank!
Marion calls to his men.
MARION
Epaulets first... Kill the officers.
Marion and his men FIRE A WITHERING VOLLEY, KILLING ALL
REDCOATS OF RANK -- two lieutenants, a sergeant and
several corporals.
The LEADERLESS REDCOAT PRIVATES take cover as Marion's men
OPEN UP on the Redcoats on their side of the river.
MARION
THE WAGONS!
With half of his men FIRING COVER, Marion and the other
half run to the wagons, passing Redcoat dead and
wounded...
DALTON, notices a WOUNDED REDCOAT and pauses...
The Redcoat looks up imploringly at Dalton who finishes
reloading, then coldly FIRES, KILLING THE helpless
Redcoat...
Marion, Gabriel and Rev. Oliver see Dalton kill the
wounded Redcoat as they race toward the wagons, British
musketballs SPLINTERING TREES all around them...
The horses nearest the burning bridge are terrified,
BUCKING AND REARING, STRUGGLING in their traces...
MARION LEAPS INTO THE SEAT of one wagon. Gabriel and
Billings grab the reins of two more wagons.
The Redcoats keep up a STEADY FIRE. TWO OF MARION'S MEN
FALL, one dead another wounded.
Marion, Gabriel and Billings STRUGGLE TO CONTROL THE
FRIGHTENED HORSES, backing them up around the curve to the
cover of the woods.
MARION'S REARGUARD, Brother Joseph, Abner, Dan Scott and
others, withdraws in leapfrog, FIRING BACK ACROSS THE
RIVER.
BRITISH MUSKET BALLS SLAM into the trees and SPLINTER THE
WAGONS...
Another of Marion's men is WOUNDED. Two of his comrades
HEAVE HIM onto one of the wagons...
As Marion's men get the wagons turned and unblocked from
each other, they DRIVE THEM OFF, one after another...
Brother Joseph, Abner and the rest of the rearguard make
it to Marion and LEAP INTO HIS WAGON...
MARION snaps the reins and they THUNDER OFF, away from the
BURNING BRIDGE and the FIRING Redcoats.
EXT. SNOW'S ISLAND - DAY
Marion's men tend their wounded and look through the
British wagons, taking inventory.
REV. OLIVER
... two-hundred-sixty-six Brown Bess
muskets, forty-one casks of powder,
balls, tamping...
BILLINGS
We have enough arms for an army.
Now all we need is an army.
Marion checks out a wagon full of tools with DAN SCOTT and
ROB FIELDING, a couple of sharp-eyed craftsmen. They
overlap dialogue, rapidly speaking the private language of
colonial artisans.
SCOTT
Reamer, boring tool...
MARION
Swage, broach, etching tool...
FIELDING
A rolling gunsmith's shop...
SCOTT
We can rifle those musket barrels...
FIELDING
Get another hundred yards out of
'em...
MARION
We'll need a forge...
SCOTT
Easy enough...
MARION
We've got clay to make a chamber...
FIELDING
Oak to make charcoal...
SCOTT
Oil cloth and barrel staves to make
a bellows...
MARION
And we can yank a wagon wheel,
weight it, rig a piston and drive
shaft and we'll have a flywheel to
power the bellows...
Scott and Fielding exchange an impressed look.
SCOTT
(to Fielding)
That's why he's a colonel.
Scott and Fielding roll up their sleeves and get to work.
Marion hears a COMMOTION OF BARKING DOGS AND YELLING MEN
and strides over to find Billings cowering before TWO HUGE
GREAT DANES who stand guard at one of the wagons.
BILLINGS
Shoot them! Shoot the damn things!
Dalton prepares to do so.
MARION
Put that pistol down!
SCOTT
They followed us from the bridge.
They won't let anyone near the
wagon.
Marion steps forward, speaking softly but firmly to the
dogs.
MARION
Stay... stay... stay...
The dogs waver between obeying Marion and ripping out his
throat.
MARION
Don't you growl at me!
The dogs decide to obey. Marion lets them sniff his hand,
then firmly pats them.
MARION
Now let's see what's in this wagon.
Rev. Oliver and Abner join him. Billings eases past the
dogs. Abner opens a large case and finds it filled with
bottles.
ABNER
Rum, French Champagne, Madeira,
Port...
BILLINGS
No wonder they were guarding it.
Gabriel opens a trunk and finds it filled with powdered
wigs, all perfectly coifed and stored on head-shaped wig-
stands. Rev. Oliver opens one of several identical cases
and finds it filled with papers.
REV. OLIVER
My heavens, personal correspondence
of... Lord Cornwallis.
Marion grabs some papers, scans them, then finds matching
cases on nearby wagons.
MARION
These four wagons must be his.
GABRIEL
And the dogs, too, I'll wager.
BILLINGS
I say we drink the wine, shoot the
dogs, and use the papers for musket
wadding.
MARION
His journals, letters, maps,
books...
Abner calls from another wagon.
ABNER
Colonel, we got a wagon full of
officer's uniforms and more powder
and muskets here.
Ignoring Abner, Marion, sits down on a stump with a pile
of Cornwallis' papers and starts to read.
EXT. SNOW'S ISLAND - NIGHT
Marion sits at Cornwallis' ornate, folding campaign desk,
reading Cornwallis' journal, surrounded by Cornwallis'
field gear which includes furniture, music boxes, oil
paintings and an elaborate folding commode. The TWO GREAT
DANES sit nearby, eyeing Marion warily.
The men have divided themselves into two groups, one
coarse, the other civilized, each clustered around a
separate fire.
The coarse men, including Dalton, Brother Joseph and
RANDOLPH, a grizzled, black-toothed mountain man, drink
and laugh loudly, wearing Cornwallis' wigs askew.
The civilized men, including Rev. Oliver, Gabriel, Scott,
Fielding and Abner, talk quietly.
Marion puts down the journal and walks over to the
campfire where the rougher men are gathered. He stands
just inside the firelight and speaks loudly, so that all
can hear:
MARION
Today was hard earned but a good
start.
Marion looks at Dalton, then turns to the other men as
well.
MARION
In the future wounded British
soldiers will be given quarters.
DALTON
Like they gave quarter to my family?
My wife and three children were
hiding in our root cellar when they
came. The Redcoats locked the door
and torched the house.
MARION
You have my sympathy... but the
order stands.
DALTON
And who are you to give an order
like that? We all know what you did
after Fort Wilderness.
That hits home but Marion remains calm.
MARION
I'm your commanding officer. This
is militia, not regular army. I
can't hold you here, but as long as
you stay, you'll follow my orders.
Marion looks from face to face. Most begrudgingly nod.
That's enough for Marion.
As he heads back to his own campfire he's intercepted by
Rev. Oliver who speaks to him out of earshot of the other
men, except for Gabriel and Billings who overhear.
REV. OLIVER
Thank you.
MARION
For what?
REV. OLIVER
For trying to impose some decency on
that sort.
MARION
Don't depend on my decency. I'm one
of that sort.
Marion walks on. Rev. Oliver exchanges a look with
Gabriel, then heads off. As Marion joins Gabriel and
Billings at his campfire, Billings grips his bottle.
BILLINGS
Am I one of that sort?
MARION
You're the worst of that sort.
You're the sort that gives that sort
a bad name.
Billings considers that, then shrugs and takes a long
drink. He hands the bottle to Marion who takes an equally
long drink. Marion picks up his Pennsylvania rifle.
MARION
I'm going to check the watch.
He disappears into the darkness leaving Gabriel and
Billings at the campfire.
GABRIEL
He shouldn't make light. That
Redcoat should not have been killed.
BILLINGS
He's not making light.
Gabriel shoots Billings a dubious look.
BILLINGS
You don't know him very well, do
you?
GABRIEL
He's my father.
Billings looks closely at Gabriel.
GABRIEL
I know him well enough?
BILLINGS
Don't fault him for having grown up
on the frontier. It was a harder
time and a harder place than you
know.
Gabriel looks at Billings, then turns back to the fire.
EXT. SNOW'S ISLAND - DAWN
The men are beginning to stir, gathering around the
campfires, cooking, using pots, pans and other gear from
the stolen British wagons.
Marion reads Cornwallis' journal. He looks up, stretches
and walks over to a campfire where Gabriel, Billings and
Rev. Oliver cook. The dogs follow at a distance.
BILLINGS
Well?
MARION
I've just been inside the mind of a
genius. Lord Cornwallis knows more
about war than I could in a dozen
lifetimes.
BILLINGS
Cheerful news to greet the morn.
MARION
His victories at Charleston and
Camden were perfect, strategically,
tactically, logistically. But he
has a weakness.
They all turn to Marion.
MARION
Lord Cornwallis is brilliant. His
weakness is that he knows it.
GABRIEL
Father?
MARION
Pride is his weakness.
The men consider that.
BILLINGS
Personally, I'd prefer stupidity.
MARION
Pride will do.
BEGIN MONTAGE: Series of shots as follows:
-- A VOLLEY OF MUSKET FIRE erupts from some thick
underbrush, cutting down half of a squadron of Redcoats
on the march. The surviving Redcoats FIRE BACK into
the trees at unseen targets to little effect.
-- Marion rides with about fifty men.
-- A British supply convoy makes its way through the
woods. Suddenly, Marion's men appear, rising up from
the ground as if by magic, having been camouflaged by
leaves and brush. They OPEN FIRE on the convoy escort,
which holds for a moment, then flees.
-- Marion rides with about seventy-five men.
-- Cornwallis finishes reading a dispatch and furiously
flings it across the room.
-- Marion rides with about one hundred men.
-- Snow's Island. Marion and his men do an inventory of a
large haul of stolen British supply wagons. The booty
includes dozens of BRASS MUSICAL INSTRUMENTS, some of
which Marion's men BLARE in celebration.
-- Marion rides with about one-hundred-fifty men.
-- Marion, Gabriel, and some of the other men watch as the
flaming supports of a BURNING WOODEN BRIDGE collapse
into a river.
-- A seething Cornwallis stands at the same spot, looking
at the charred, now cooled, remains of the bridge.
Cornwallis angrily mounts up and rides off. His
contrite staff officers mount up and follow.
-- Snow's Island. Marion sits with his muddy feet on
Cornwallis' campaign desk, reading Cornwallis' journal,
with Cornwallis' Great Danes at his side.
EXT. CAMDEN - NIGHT
Glittering lights shine from the Camden Inn, a grand
structure in the center of town.
A line of OPULENT CARRIAGES discharges well-dressed
passengers, arriving for a ball. Ladies in their finery.
Patrician husbands. Redcoat and Green Dragoon officers in
magnificent dress uniforms.
INT. CORNWALLIS' PERSONAL QUARTERS - EVENING
Cornwallis, standing in front of a full-length mirror, is
dressed by his VALET while Major Halbert, Colonel
Huntington and Tarleton look on.
CORNWALLIS
Why am I here, Colonel Halbert?
MAJOR HALBERT
For the ball, sir?
Cornwallis holds his temper.
CORNWALLIS
Why, after six weeks, are we still
here to attend a ball. By now, we
should be attending balls in North
Carolina, not South Carolina.
MAJOR HALBERT
Our supply line, sir?
CORNWALLIS
Excellent guess, Major.
The valet puts a dress coat on Cornwallis who looks at the
garment with deepest disdain.
CORNWALLIS
And what, praytell, is this?
VALET
Uh... I borrowed it from Colonel
North. I took it in at the back,
added wider epaulets, a court sash
and looped gold braiding on the
cuffs...
CORNWALLIS
It's a horse blanket.
(to Major Halbert)
First my personal baggage, then half
the bridges and ferries between here
and Charleston burned, a dozen
convoys attacked. Colonel, if you
can't secure our supply line against
militia, how do you expect to do so
against Colonial regulars or the
French when they come?
COLONEL HALBERT
Sir, they're not like regulars, we
can't find them and we don't know
when or where they're going to
strike.
CORNWALLIS
How impolite. And who leads these
clever, secretive fellows?
COLONEL HALBERT
We don't know, sir. He's called,
the Commander by some, the Swamp Fox
by others.
CORNWALLIS
Colonel, I'm a civilized man but I'm
finding to difficult to remain
civil. Secure my supply line.
COLONEL HALBERT
Yes, sir.
Cornwallis looks at his reflection with dismay, sighs and
strides out. Tarleton, amused, follows.
EXT. CAMDEN STREET - NIGHT
At the far end of town Marion, Gabriel, Billings, Dalton,
Scott and several other men slip through the shadows into
an alley. The lights from the ball shine from down the
street and the MUSICAL STRAINS of a MINUET drift to them
through the night.
EXT. ARMORY - NIGHT
A block-like building on the far edge of town. A pair of
REDCOATS stand guard. A PAIR OF DRUNKEN REDCOATS stagger
out of a side-street, SINGING A MUMBLING SONG. The
Redcoat guards look at the drunk Redcoats enviously.
REDCOAT GUARD
Hey, what you got there?
The drunken Redcoats look up, bringing their faces into
the light -- THE DRUNKEN REDCOATS ARE BILLINGS AND DALTON.
BILLINGS
We got our own little party...
DALTON
To hell with the officers and their
fancy dress ball...
GUARD
Give us a nip, here.
Billings and Dalton walk over to the Redcoats guards. As
the guards reach for the bottles, Billings SLAMS one of
the guards back against the building...
Dalton DRAWS A KNIFE and PLUNGES IT into the second
guard's belly and HACKS HIM OPEN...
Dalton shoves Billings out of the way, SLITS THE OTHER
GUARD'S THROAT. Billings is taken aback by the speed and
ferocity of Dalton's attack...
Marion and Scott duck into the shadows of the doorway,
pull out hammer-less carving chisels and quickly and
silently start gouging out the wood around the hinges of
the heavy door.
Billings and Dalton take the posts of the guards while the
other men drag the bodies of the real guards out of sight.
Everything appears as it should.
INT. BALLROOM - NIGHT
Grand. Opulent. Cornwallis speaks with a small gathering
of loyalist civilians, among whom is the spectacular MRS.
TALBOT, who wears a daring dress that reveals an enormous
expanse of bosom. At her side stands her toady of a
husband, MR. TALBOT.
MRS. TALBOT
No! The beasts took your dogs, as
well?
CORNWALLIS
Fine animals, a gift from His
Majesty. Dead now, for all I know.
MRS. TALBOT
Is there no decency?
MR. TALBOT
Among the rebels? We know the
answer to that.
CORNWALLIS
Yes, we have learned.
INT./ EXT. CAMDEN ARMORY - NIGHT
Marion and Scott shove their chisels through the door
which falls away from the hinges. They all duck inside
finding barrels and casks of gunpowder, boxes of weapons
and hundreds of muskets.
Gabriel and the others load themselves up with the best of
the weapons as Marion opens a cask and pours a trail of
gunpowder across the floor.
EXT. BALCONY - CAMDEN INN - NIGHT
Cornwallis, taking the night air with Mrs. Talbot, gazes
at the moon, achieving the calculated effect.
MRS. TALBOT
You seem far away.
CORNWALLIS
It's the weight of command and the
lot of a widower -- memories,
loneliness...
(with a self-
deprecating laugh)
... and long gazes at the moon.
Mrs. Talbot sympathetically sighs and touches her
fingertips to her heart which is conveniently located
inches above her stunning cleavage.
MRS. TALBOT
Oh, you poor man...
A MASSIVE EXPLOSION LIGHTS UP THE NIGHT as a FIREBALL
erupts from the armory. British officers, including Major
Halbert and Tarleton, RUSH OUT along with Mr. Talbot and
other Loyalist civilians.
MAJOR HALBERT
Good God!
Mr. Talbot tears his eyes from the flames and looks at
his wife, clinging to Cornwallis' arm.
MR. TALBOT
These rebels seem to lack fear as
well as decency, eh, General?
Cornwallis registers the insult, glances at the hapless
Major Halbert, then turns to Tarleton.
CORNWALLIS
Colonel Tarleton, you deal with
these damned rebels.
TARLETON
Yes, sir.
Tarleton smiles grimly and strides off the balcony.
EXT. VIEW OF PEMBROKE VILLAGE - DAY
The village of Pembroke lies nestled in a valley,
surrounded by tilled fields and small farms.
EXT. PEMBROKE VILLAGE - DAY
Forty of Marion's men water their horses. Marion, with
the two Great Danes at his side, speaks with PETER GREEN,
a middle-aged storekeeper with a marked limp.
GREEN
... four baskets of apples, salt
pork, sweet potatoes, jerky, hard
tack, salt and powder. It's not
much, but I'll get you more.
MARION
We can't pay for this...
GREEN
I'll give you what I can, when I
can. You pay me what you can.
Green's daughter, ANNE, very attractive, around sixteen,
joins them. Gabriel sees her and sidles over.
GREEN
Francis, you remember my daughter,
Anne.
MARION
Nice to see you again, Anne.
Gabriel clears his throat. Anne looks at him coolly.
ANNE
I know who you are, Gabriel Marion.
The last time I saw you, I was nine
and you put ink in my tea.
GABRIEL
I... uh... that wasn't me, it was
Samuel... I mean Nathan...
ANNE
It was you and it turned my teeth
black for a month.
GABRIEL
Uh... uh... I...
GREEN
He's sorry. Come.
Green heads across the square where some townspeople are
giving Marion's men provisions. Anne and Gabriel follow.
Marion turns to some waiting men, new recruits.
Billings, nearby, reads A POSTED BROADSHEET that
announces: "Reward Offered: For the capture or death of
the rebel known as 'The Swamp Fox'".
He tears it down and walks over to Marion.
MARION
... and your terms of enlistment
will be month-to-month. Every
thirty days you can re-enlist or
return to your families.
REED, the sturdiest of the lot offers his hand to Marion.
REED
I'm in.
The others nod in agreement.
MARION
Talk to Abner and Scott about
provisions, powder and mounts.
The recruits head off. Billings hands Marion the wanted
poster which Marion glances at and crumbles up.
BILLINGS
Twenty men here, seventeen in New
Brighton, a dozen along the Black
River. We'll pass three hundred by
week's end if this keeps up.
ON THE OTHER SIDE OF THE SQUARE
Gabriel and several of Marion's men take supplies from
Green, Anne, and some other townspeople. Gabriel looks at
Anne.
GABRIEL
If I'd known you were going to look
like this, I never would have put
ink in your tea.
ANNE
You call that a compliment?
GABRIEL
It's a start.
She gives him a bit of a smile. He checks out her teeth.
GABRIEL
They look nice. As white as can be.
She tries to glare but she can't help but laugh.
MARION AND BILLINGS watch as Anne gives Gabriel some
apples which he tosses into the air, one-by-one, catching
them behind his back, a cocky move, executed with a
disarming smile that makes Anne laugh again. Marion
smiles at his son's flirtation. Billings smiles as well.
BILLINGS
He reminds me of you before you got
old and ugly.
MARION
(softly)
No, he takes after his mother...
Billings is taken aback by the gentleness of Marion's
words.
MARION
... the younger ones barely remember
her but Gabriel spent more time with
Elizabeth... she taught him well,
guided him, she was his North Star
and mine... her father was a
minister, in Boston, did you know
that?
Billings nods.
MARION
... Gabriel's already a better man
than I could ever hope to be...
Marion hears himself and pulls his eyes from Gabriel,
adopting a coarse, joking tone.
MARION
What do you mean, old and ugly?
BILLINGS
You got me beat on both accounts.
MARION
The hell I do.
They mount up, grateful to leave the sincerity behind.
Gabriel sees Marion and his men starting to ride off. He
says goodbye to Anne, then RUNS TO HIS HORSE, MOUNTING
WITH A DRAMATIC LEAP. He GALLOPS up, taking his place at
his father's side. Marion doesn't turn to look at him,
but he knows he's there.
EXT. CAROLINA ROAD - DAY
A patchwork of fields with a village visible in the
distance. The ROLLINS BOYS, 10 and 12, work a field,
harvesting grain. Hearing the SOUND OF HORSES' HOOVES,
they stop and listen.
Then they see a CLOUD OF DUST rising over the ridge line.
Growing excited, they throw down their scythes and race
down the hillside, madly stumbling and falling, trying to
intersect the approaching sound.
At the bottom of the hill they pass their father, BEN
ROLLINS, who watches his sons plant themselves on the side
of the road, gazing in awe at:
MARION AND HIS MEN, THUNDERING BY. They're an impressive
sight, a hundred-and-fifty heavily armed men, on powerful
mounts, raising a cloud of dust as they gallop down the
road.
EXT. CHARLESTON ROAD - DAY
Marion and forty of his men, including Gabriel, sit on
their motionless horses in the middle of the road. There
are a number of new faces among Marion's men, among them
Ben Rollins. Gabriel is lost in thought.
MARION
Gabriel? Are you asleep?
GABRIEL
We're low on salt. I should go to
Pembroke and get some.
BILLINGS
You got salt last week.
GABRIEL
Oh, right.
(beat)
Baking powder, we need baking
powder.
BILLINGS
We've got plenty of baking powder.
You went to Pembroke and got five
pounds two weeks ago.
Gabriel sighs. They hear a SOUND APPROACHING, then see
two British wagons round a curve with a guard of only SIX
REDCOATS, commanded by a REDCOAT SERGEANT. The Redcoat
Sergeant signals stop.
REDCOAT SERGEANT
Halt. Look alive, boys.
The young Redcoat privates nervously UNSHOULDER THEIR
MUSKETS.
MARION
Sergeant, this road is closed.
Those wagons now belong to the
Continental Army.
REDCOAT SERGEANT
Ready arms! By twos!
Marion's surprised by the Sergeant's order.
MARION
Sergeant, there's no reason for you
and your men to die. Just leave the
wagons and go.
REDCOAT SERGEANT
Steady, boys...
Marion sighs and lets loose with a PIERCING WHISTLE. The
underbrush parts and more of Marion's men show themselves,
MUSKETS LEVELED at the outnumbered Redcoats.
REDCOAT SERGEANT
This is the King's highway and I
advise you and your men to make way.
(to his men)
Prepare to fire.
Marion exchanges a look with Rev. Oliver who, like Marion,
doesn't want to kill these men. Seeing no other option,
Marion turns to give the order, then stops, hearing a
FAINT BARELY DETECTABLE, RUMBLING SOUND...
A moment later Brother Joseph hears it as well... HORSES
HOOVES, LOTS OF THEM, growing louder by the second,
THUNDERING toward them from the road behind the British
wagons...
Then, the SOUND OF MORE HORSES, coming in fast on both
flanks.
MARION
It's a trap...
The canvas sides of the British wagons are THROWN UP and
DOZENS OF REDCOATS, armed with muskets, spill out...
Marion's unmounted men run to their horses, LEAPING into
their saddles...
Then GREEN DRAGOONS appear, galloping down the wooded
slopes on both flanks, astonishing horsemen, weaving
through the trees without slacking their pace, SWORDS
DRAWN, PISTOLS PRIMED...
REDCOAT SERGEANT
FIRE!
A THUNDEROUS VOLLEY ERUPTS from the Redcoat infantry,
KILLING several of Marion's men...
Marion's men FIRE BACK from their BUCKING MOUNTS, most of
their shots going awry...
Behind the British wagons, a huge detachment of GREEN
DRAGOONS appears, TARLETON among them...
MARION SEES THE DRAGOONS BUT NOT TARLETON HIMSELF...
MARION AND HIS MEN spur their mounts, taking off down the
road in the opposite direction...
The FLANKING BODIES OF DRAGOONS gallop out of the woods,
JOINING THE MAIN BODY, riding in hard pursuit...
EXT. WOODED ROAD - DAY
Marion and his men GALLOP down the road. The much larger
body of Green Dragoons THUNDER after them.
EXT. BLACK SWAMP ROAD - DAY
Marion and his men ride along a raised road that drops off
into Black Swamp on either side...
They ROUND A CURVE AND STOP, reining back their horses in
confusion as they see:
FIFTY GREEN DRAGOONS heading straight toward them...
THE DRAGOONS OPEN FIRE from both directions, KILLING
several more of Marion's men, WOUNDING others...
Marion's men FIRE BACK as best they can, caught in the
CHAOS OF BUCKING AND FALLING HORSES and WOUNDED AND
DISMOUNTED MEN...
They remount, doubling-up with the wounded...
MARION sees an unaided wounded man. LEAPS FROM HIS
HORSE, heaves him onto his horse, slaps it...
Marion's men head off both sides of the road into the
swamp, struggling with their mounts as they hit the knee-
deep water...
Marion on foot with four men, only three horses... A
DRAGOON, aiming his pistol, THUNDERS down on Marion...
MARION FIRES, killing the Dragoon...
Marion's men mount, one motions to Marion...
MARION
GO!
Marion's men ride off, leaving him ALONE... a Dragoon is
almost on him, SWORD RAISED. Marion, his weapon spent,
sees a thick branch on the ground, two feet long... grabs
it...
The sword flashes and SINKS DEEPLY INTO THE WOOD... Marion
YANKS, brings the rider off his horse, grabs the reins and
SWINGS HIMSELF UP INTO THE EMPTY SADDLE. Marion rides
down the embankment...
The Dragoons rein back, slowed by the dead horses and men.
They spur their reluctant mounts over the bodies and
follow Marion and his men into the swamp...
EXT. BLACK SWAMP - DAY
MARION RIDES HARD, galloping along a circuitous, barely
visible dry trail... A MOMENT LATER, Tarleton and Green
Dragoons follow...
EXT. DEEP IN THE SWAMPS - EVENING
MARION CATCHES UP to a dozen of his men, including Gabriel
and Billings. Several of the men are badly wounded,
barely clinging to their saddles...
They ride through the shallow water, get to a fork, SPLIT
UP. As they disappear into the swamp, the sounds of their
horses are swallowed up in the LOUD BUZZING OF SWAMP
INSECTS and the CRIES OF THE SWAMP BIRDS...
A moment later, Tarleton and the vanguard of Dragoons ride
up. Tarleton signals stop at the fork...
Looks... nothing. Listens... nothing. Chooses a path,
the one Marion took. Rides off, the Dragoons following...
EXT. DEEPER IN THE SWAMPS - NIGHT
Darker still. Tarleton and his men come to a dead end,
blocked by a heavy tangle of huge swamp ferns and thorn
bushes.
They rein back their horses, stopping in a confused mess.
Tarleton calls to Gaskins and the Loyalist scouts.
TARLETON
Which way?
GASKINS
This way... no this... I think...
Tarleton makes his own choice... rides off... the Green
Dragoons follow, the Loyalists bring up the rear.
EXT. SWAMP MORASS - NIGHT
Tarleton and his mounted Dragoons struggle through a
nearly impassable morass of swamp-grass, reeds and
swarming mosquitoes...
The exhausted Dragoons are wet, covered with mud, and
bleeding from swamp briars. The horses are spent and
foaming...
Tarleton struggles harder than any, but finally even he
has had enough. He reins back his horse.
TARLETON
HALT!
Tarleton glares into the impenetrable darkness of plant-
choked water and swamp...
TARLETON
Enough of this. There are other
ways to run down a fox.
Tarleton yanks on his reins, turns his horse and starts
back the way they came. His grateful men turn their
horses and follow.
IN THE UNDERGROWTH, Marion, Gabriel, Billings and three
badly wounded men, with only four horses between them,
calm their mounts...
They can hear, but not see the Dragoons. Then, through
the thick undergrowth, MARION CATCHES A GLIMPSE OF
TARLETON...
Gabriel, tending the wounded men, sees his father lock his
eyes on Tarleton...
Marion quickly opens his weapons pouch and pulls out one
of the bullets he made from Thomas' lead soldiers.
Walking to his horse, Marion loads...
Marion mounts, scanning the terrain, planning a route...
GABRIEL
Father, no...
As Marion spurs his horse to ride after Tarleton, Gabriel
grabs the bridle. He YANKS HARD, stopping Marion's horse
dead. THE HORSE BUCKS, nearly throwing Marion...
MARION
That's him. Tarleton.
MARION SPURS THE HORSE which tries to respond but is
JERKED BACK AGAIN by Gabriel. Marion angrily turns on his
son...
MARION
Damn you! Let go!
Gabriel looks up at his father, never loosening his iron
grip on the bridles but speaking softly, almost
pleadingly:
GABRIEL
Father, please...
Marion looks down at Gabriel. Then Marion looks over at
Billings and the three wounded men...
One bleeds from an ugly neck wound... their shared mounts
are nearly spent...
Marion takes a last look in the direction of the departing
Tarleton. Then he dismounts and hurries over to help the
wounded. Gabriel watches his father for a moment, then
joins him with the wounded.
EXT. WOODED GLEN - NIGHT
Dark. Marion and his battered men gather, taking stock.
Men drift in, mounted and on foot in ones and twos, past
wary sentries. GABRIEL RIDES UP, dismounts and reports to
Marion, out of earshot of the other men.
GABRIEL
Fourteen dead, eleven wounded,
eighteen captured.
MARION
I should have killed him when I had
the chance?
GABRIEL
When was that? In the swamp at the
expense of your men? Or when he
killed Thomas at the expense of your
family?
MARION
No...
GABRIEL
Or perhaps tomorrow at the expense
of our cause.
Marion is silent.
GABRIEL
There will be a time and a place for
revenge but killing Tarleton at the
expense of your duty serves no one
but yourself.
(beat)
Stay the course.
The parental-sounding formality of Gabriel's words brings
a thin smile to Marion's face.
MARION
Stay the course... your mother used
to say that to me when I'd get drunk
or lose my temper.
GABRIEL
She'd say it to me when I picked on
Thomas or Nathan.
MARION
You learned her lessons better than
I.
GABRIEL
She got me at a more impressionable
age.
Marion smiles, nods a silent thanks to his son and heads
over to help with the wounded.
EXT. MARION'S ENCAMPMENT - NIGHT
A cold, winter rain falls. Most of Marion's grim men are
huddled in lean-to's and around campfires. Green and
several other Pembroke townspeople unload a wagon of
supplies while Marion, Scott and Fielding stow the
provisions.
Gabriel and Anne sit at a fire, under the cover of a lean-
to, taking quietly. He's troubled. She tries to be
hopeful.
ANNE
Next time we'll bring more blankets.
GABRIEL
That would be nice.
ANNE
Maybe we'll be lucky this winter and
have just rain, no snow.
GABRIEL
That would be nice, too.
She takes a pot off the campfire and pours him a cup of
tea.
ANNE
Just because the French didn't come
this fall, doesn't mean they're
never going to come.
He nods and takes a drink of the tea. She smiles.
Gabriel smiles back to her, revealing a mouthful of ink-
stained, black teeth. Before she has time to laugh...
ROLLINS RIDES HARD INTO CAMP. Marion hurries over,
accompanied by the Great Danes. The other men gather
around.
ROLLINS
They're to be hung!
GABRIEL
But they're prisoners-of-war!
Marion isn't as surprised as Gabriel. He is, however,
taken aback by Gabriel's black teeth. Gabriel notices
everyone looking at his mouth.
Anne is embarrassed and regretful, seeing her joke fly in
the face of the troubling news.
EXT. FORT CAROLINA - DAY
A REDCOAT SENTRY sees a lone figure on horseback ride out
of distant woods. It's Rev. Oliver, carrying a white flag
with one hand, holding a dispatch case in the other. The
sentry calls to the Commander of the Watch.
REDCOAT SENTRY
Sir.
INT. CORNWALLIS' HEADQUARTERS - FORT CAROLINA - DAY
A temporary HQ has been set up in a commandeered
farmhouse. Cornwallis stands uncomfortably while a tailor
measures him and marks alterations on a partially
completed uniform. Tarleton enters.
TARLETON
General, a message from the
commander of the rebel militia.
Cornwallis reads the message.
CORNWALLIS
It seems our Swamp Fox wants to have
a formal parley.
TARLETON
Are you going to meet with him?
CORNWALLIS
Most certainly. Arrange it.
EXT. CAROLINA ROAD - DAY
Marion rides, trailed by Cornwallis' Great Danes. Behind
him, two dozen heavily armed Patriots, including Rev.
Oliver who carries a white flag.
A detachment of Redcoat Cavalry, lead by Major Halbert,
waits. The Redcoats fall in on either side. They ride
on.
EXT. FORT CAROLINA - DAY
Redcoat sentries see the approaching Patriots and Redcoats
and open the gates. Billings and the other Patriots stop,
a hundred yards outside the barricades.
MARION alone rides through the gates, flanked by the
British cavalry, the Great Danes following closely behind.
INT. CORNWALLIS' HEADQUARTERS - DAY
Major Halbert ushers Marion in. The Great Danes follow
sniffing curiously, sensing something or someone.
MAJOR HALBERT
Lord Cornwallis will be with you
presently.
MARION
Thank you.
MAJOR HALBERT
You may, of course, keep your
weapons, but I must warn you that...
MARION
(interrupting)
I'm familiar with appropriate
behavior at a military parley.
MAJOR HALBERT
Yes, quite, but you should know
that...
MARION
That will be all, Major. I'll wait
for Lord Cornwallis.
MAJOR HALBERT
(coldly)
Yes... you will wait.
Major Halbert turns and starts to stride out.
MARION
One other thing.
Major Halbert stops.
MARION
The proper form of address to a
superior officer, even one of an
opposing army, is "Yes, sir."
Major Halbert sneers and strides from the room. MARION
ALONE, EXCEPT FOR THE DOGS, allows himself a fleeting
smile. Then he looks around the room. He notes a rocking
chair. Curious, he hefts it. Too heavy. He puts it
down, sits and rocks. The dogs walk over and lay at his
feet.
INT. CORNWALLIS' HEADQUARTERS - DAY (LATER)
Marion patiently sits rocking. One of the dogs has its
head in his lap and Marion scratches it behind the ears.
DISSOLVE TO:
INT. CORNWALLIS' HEADQUARTERS - DAY
A stone-faced Marion stands in the center of the room,
playing with the dogs. One of the dogs jumps up, putting
its front legs on Marion's shoulders, and licks his face.
Just then, Cornwallis walks in, overjoyed to see his dogs.
CORNWALLIS
Jupiter! Mars!
The dogs just look at Cornwallis. He holds out his arms,
waiting for them to rush to him. They look up at Marion
who nods to them.
MARION
Go.
The dogs run to Cornwallis and nuzzle him in a friendly
but not enthusiastic manner. Cornwallis pats them
vigorously, too vigorously for the moderate level of joy
the dogs are showing at their reunion.
CORNWALLIS
My boys... my boys... you seem to
have been well fed. Thank you for
that, Colonel.
MARION
My pleasure, sir.
CORNWALLIS
Please forgive me for keeping you
waiting.
MARION
Apology accepted.
CORNWALLIS
Thank you, Colonel... I'm afraid I
don't know your name.
MARION
Colonel will do.
CORNWALLIS
As you wish.
TARLETON ENTERS with four Dragoons, all armed...
Marion freezes...
Marion and Tarleton lock eyes. Marion searches for some
sign that Tarleton recognizes him. There's none.
CORNWALLIS
Colonel... Colonel Banastre
Tarleton.
Tarleton nods.
TARLETON
Colonel.
Marion, like ice, looks Tarleton up and down. Then he
slowly turns and looks at the four Dragoons, two on either
side of Tarleton. Marion measures the odds and finds them
wanting.
With a supreme effort of will, Marion forces himself to
turn from Tarleton to Cornwallis and the matter at hand.
MARION
Shall we proceed?
CORNWALLIS
Let us. Unless you object, I would
like to deem this meeting a formal
negotiation and, as such, there are
certain customary practices.
Perhaps I could explain them to
you...
MARION
I'm familiar with how a formal
negotiation is handled.
CORNWALLIS
Oh?
MARION
I served in His Majesty's army in
the French and Indian War.
CORNWALLIS
Oh. Very well, then. Would you, as
the initiating party, like to begin?
MARION
Unless you would like to claim
aggrieved status.
Cornwallis is surprised. He exchanges a look with
Tarleton.
CORNWALLIS
You are familiar with how these
things are done. In fact, I would
like to claim aggrieved status.
MARION
Very well, proceed, sir.
CORNWALLIS
First, you have in your possession
certain belongings of mine,
including clothing, private papers,
furniture and personal effects of a
non-military nature which I would
like to have returned to me.
MARION
I will do so as soon as possible.
Cornwallis is surprised.
CORNWALLIS
Thank you.
MARION
Please accept my apology for not
having done so sooner.
CORNWALLIS
Apology accepted. Now, on the
matter of the specific targeting of
officers during engagements, this is
absolutely unacceptable.
MARION
That one is a bit more difficult.
CORNWALLIS
Certainly you must know that in
civilized warfare, officers in the
field must not be accorded
inappropriate levels of hostile
attention.
MARION
And what are inappropriate levels of
hostile attention?
CORNWALLIS
Colonel, imagine the utter chaos
that would result from un-led armies
having at each other. There must be
gentlemen in command to lead and,
when appropriate, restrain their
men.
MARION
Restrain them from the targeting of
civilians, including women and
children?
CORNWALLIS
That is a separate issue.
MARION
I consider them linked.
CORNWALLIS
I beg to differ. One is a command
decision on your part. The other
represents nothing more than the
occasional over-exuberance of field
officers attempting to carry out
their duty in difficult
circumstances.
MARION
As long as your soldiers attack
civilians, I will order the shooting
of your officers at the outset of
every engagement.
(beat)
And my men are excellent marksmen.
Cornwallis sighs.
CORNWALLIS
Very well, let us move on to...
MARION
Prisoner exchange.
CORNWALLIS
Sir?
MARION
You have eighteen of my men. I want
them back.
CORNWALLIS
I do have eighteen criminals under
sentence of death, but I hold no
prisoners-of-war.
MARION
If that's your position, then
eighteen of your officers will die.
Nineteen, if you hang me with my
men.
CORNWALLIS
What officers?
Marion steps to the window, checks the view. A wooded
hillside is visible in the distance. Marion reaches into
his jacket...
The Dragoons move on him...
Marion extracts not a weapon, but a spyglass, which he
hands to Cornwallis.
MARION
In the clearing, just down from the
crest, to the left of the dark
pines...
Cornwallis looks through the spyglass.
VIEW THROUGH THE SPYGLASS
Though difficult to see clearly through the shimmering
haze, Cornwa | 
