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The first Oscar Awards, honoring films released between July 1927 and August 1928, were held on May 16, 1929, at the Hollywood Roosevelt Hotel. That night saw Wings take home the inaugural Academy Award for Outstanding Picture, launching a lineup of nominees that would later become classics. Interestingly, almost 100 years after that first ceremony, all the films on that list are available to see in some way, shape, or form. All but one, that is: 1928’s The Patriot, a film that is completely lost.
A Tyrant Is Toppled In 1928’s ‘The Patriot’
Set in Imperial Russia, The Patriot tells the story of the final days of Tsar Paul I (Emil Jannings), a tyrant ruling through cruelty and fear. Yet the despot was paralyzed by a fear of his own, that he is doomed to be assassinated like his ancestors before him. He trusts only one man: his Prime Minister, Count Pahlen (Lewis Stone). Pahlen is loyal to the Tsar, but is deeply troubled by the horrors Paul unleashes upon his people. His conscience no longer able to separate duty from morality, Pahlen commits to bringing about the Tsar’s downfall. To that end, he encourages Stefan (Harry Cording), a soldier who recently faced the wrath of Paul for minor uniform violations, to join him in his pursuit, promising him vengeance.
As Paul becomes increasingly unbalanced, obsessing over trivial matters while disregarding affairs of state, Pahlen rallies conspirators at court. Pahlen even turns to Crown Prince Alexander (Neil Hamilton), but the prince makes it clear he won’t support treason. So Pahlen turns on him, branding him a traitor and prompting Paul to place Alexander under arrest. Pahlen’s plan is free to be implemented, only for Paul to inadvertently upset it by announcing he’s leaving the city with his mistress. To keep Paul from leaving, Pahlen shows him a portrait of Countess Ostermann (Florence Vidor), the woman he loves, hoping the ravishing beauty will tempt Paul to stay.
It works, with Paul demanding to meet the Countess, so Pahlen arranges a meeting. Paul unsuccessfully tries to proposition her, but the disgusted Countess rejects him and, betrayed, reveals the plan to assassinate Paul. Paul demands an explanation from Pahlen, who craftily claims to have gained the conspirator’s trust, ready to expose them when the time is right, and offers his own life to regain trust. Satisfied, Paul retires to his room, but as he sleeps, a group of conspirators enters, waking him, with Stefan ignoring his pleas and murdering him. As the people celebrate, Stefan appears and shoots Pahlen, the consequence of his actions, and as he lies dying in the Countess’ arms, he says: “I have been a bad friend and lover—but I have been a ‘Patriot’.”
What Remains of ‘The Patriot’ Only Makes Its Loss a True Tragedy
The Patriot is a part-talkie, representative of that brief period between silent films and full-on talkies, with its sound effects heavily promoted, including Jannings’ “agonized roar” as something that had to be heard to be believed (technically, however, still a silent film: the only silent film to be nominated that year, per The Week. As such, the film would be a much-coveted prize for any cinephile, for the industry as a whole, for that matter, but to date it remains lost. All that remains is a few recovered pieces, currently stored in the UCLA non-circulating nitrate vaults, and one reel out of 10 found in Portugal in 2001.
Interestingly, one of the pieces that exists in its entirety is the trailer for the film itself, lauding Emil Jannings’ performance as the Mad Tsar. It’s a tease of a classic film we’ll never see, making The Patriot‘s loss a true tragedy. In the brief moments we see in the footage, Jannings is positively gripping, a vision of unmitigated madness that instantly catches your attention. And the direction of auteur Ernst Lubitsch looks to be epic, with a glimpse of one dramatic scene shot from overhead that features Jannings’ Tsar Paul I encircled by his countrymen, with Paul defiantly lashing out as they close in, telling a story in itself.
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Jane Fonda’s delivery of “Parasite” lives rent-free in our minds.
Not all hope is lost, of course: Gugusse and the Automaton, a long-lost 1897 film by Georges Méliès featuring film’s first robot, was found in Michigan just recently in an old trunk. And we are talking about a film nominated for Best Picture, not like a throwaway project made to fill theater seats, so the odds are certainly better than they might be otherwise. But until such time, we can only rue the absence of the film that stands as the lone project preventing the Oscars from claiming a complete catalog. For the record, The Patriot may not have won Best Picture, or Best Director, Best Actor (Lewis Stone) or Best Art Direction, but it did win for Best Writing. Hopefully, one day audiences will finally be able to judge it for themselves.
The Patriot
- Release Date
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September 1, 1928
- Runtime
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113 minutes
- Director
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Ernst Lubitsch
- Writers
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Ashley Dukes, Hanns Kräly
Cast
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Emil Jannings
Czar Paul I
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Florence Vidor
Countess Ostermann
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Vera Voronina
Mademoiselle Lapoukhine
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Lloyd Farley
Almontather Rassoul





