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The Free Province of Guayaquil emerged between the years 1820 and 1822 with the independence of the province of Guayaquil from the Spanish monarchy. The free province had a provisional government and constitution until the military annexation of Simón Bolívar to Gran Colombia in 1822, after the decisive victory in the Battle of Pichincha , which allowed the independence of the Presidency of Quito. His successor was the Department of Guayaquil forming part of Gran Colombia. The Spanish province of Guayaquil was separated from the Viceroyalty of Peru and in those days it only depended legally on the court of the Real Audiencia de Quito. About a decade later, the Departments of Guayaquil, Azuay , and Ecuador separated from Gran Colombia, forming what is now Ecuador.

The Free Province of Guayaquil comprised the same territories as the Government of Guayaquil in the Spanish colony, comprising land from Esmeraldas in the north and to Tumbes in the south, and between the Pacific Ocean in the west to the foothills of the Andes mountain range to the east, that is, a large part of the Ecuadorian coast , thus encompassing the current Ecuadorian provinces of Guayas , Santa Elena, Manabí , most of the province of Los Ríos , El Oro , Cañar, part of southern Esmeraldas , and Tumbes in present-day Peru.

History
After the independence revolution in Guayaquil on Monday, October 9, 1820 , several municipalities immediately joined the emancipatory cause. Samborondón on the 10th, Daule on the 11th and Naranjal on the 15th. ​ Twenty-three days later, on Wednesday, November 8 , convened by the Guayaquil city council, the 57 representatives of all the municipalities of the new Stateinstalled the Electoral College or Congress of the Free Province of Guayaquil, an organization that issued its electoral statute or constitution of the province called "Provisional Government Regulations", which was the first constitution that would govern the legal destinies of this State and whose first article said : "'The State of Guayaquil is free and independent; its religion is Catholic; its Government is elective; and its laws are the same as those in force lately, as long as they are not opposed to the new form of government established'." The Reglamento Provisorio of the State of Guayaquil governed the aforementioned territory between its independence from Spain and its annexation to Gran Colombia. It was the first constitution with the force of law and its congress the first constituent assembly held in territory independent of the Real Audiencia de Quito. It confirms the ambiguous and provisional condition of the new State with respect to its legal status.

"'Trade shall be free, by land and sea, with all peoples who do not oppose the free form of our government.'."

Its main points contained elements of republicanism such as the division of powers and equality before the law, and of liberalism such as free trade , Manchesterian pacifism , voluntary military service (except in case of war), and the right to choose one's future status. politician; being the establishment of the Catholic religion as the official religion the only conservative aspect that is found in the political charter.

At the time referred to, universal suffrage was not yet established, so there was no democratic representation by general election and the process of election and command of the congress was through the self -appointed "government board " system (see Juntismo and Oligarchy ). In a similar way to the process of independence of the other American colonies, those who were in charge of public functions and the political power of the provisional State, through the Electoral College, were men belonging to the Creole elites , that is, high officialsand high-society characters from this region of the colony who made up a Board of Notables.

The Fundamental Charter of the State handed over power to a triumvirate made up of Olmedo, Ximena and Roca. Messengers were immediately sent to Bolívar and San Martín, as well as to the cities of the Sierra.

In the nascent republic ( Republic of Ecuador) laws were approved in favor of slaves, such as, for example, that the children of slaves were free.

Military geopolitics of independence and Army of Quito
The Guayaquil revolutionaries were convinced that their first objective should be the liberation of the Quito mountain range, they advanced defeating the royalists on November 9, in the Battle of Camino Real near Guaranda. According to some historical studies, it can be deduced that the rulers of the already sovereign Province of Guayaquil probably aspired to the creation of an independent republic in the territories of the Royal Court of Quito (to which the Province belonged), under the name of Republica de Quito and they aspired that their capital would be Santiago de Guayaquil. However, and like other considerations regarding the independence of Guayaquil, there is no unanimous opinion among historians.

The State of Guayaquil, for continental statesmen and American military strategists of the time, had no place in the post-independence political order. This was probably also foreseen by the members of the Junta, who had told both Bolívar and San Martín that the Province would be added to any of the States that were to be organized after the chaos of the independence campaigns. What they asked was that they be allowed to choose.

After its independence, the government of the Guayaquil province formed an army of 1,500 men to liberate the rest of the Real Audiencia, it was called the Protective Division of Quito.

In any case, without the independence of the territories of the Real Audiencia, the very independence of the nascent state of Guayaquil could not be certain. This was stated by the Venezuelan officer León de Febres-Cordero (who participated in the independence), quoted by José de Villamil :

"The success of both generals (Bolívar and San Martín) may depend on the revolution of this important province because of the moral effect it produced even if it produced nothing else. The Chilean army will know that it is not coming to an enemy country and that in case of conflict it has a lee post that can become a 'Gibraltar'. General Bolívar will send us soldiers accustomed to winning, and from here we will open the gates of Pasto, which will be very difficult for him to open by attacking from the north."

General Antonio José de Sucre arrived in Guayaquil with a Colombian support force of 700 armed and equipped men, in August 1821, and fought alongside the Guayaquil residents against the Spanish who were still endangering the independence of the province in the Yaguachi area. , current province of Guayas, a fact that was called the Battle of Yaguachi, triumphing the Guayaquil-Colombian coalition commanded by Sucre, definitively ensuring the independence of the Free Province of Guayaquil. After the victory, Sucre asked the people of Guayaquil for help to complete the emancipation of the other departments that made up the Royal Audience and bring independence to Cuenca and Quito ., a process that Olmedo supported from start to finish.

For which the Guayaquil government established the Protective Division of Quito with 1,500 men, who together with the Colombian armies attacked the royalist troops established in the Audiencia and the total emancipation was completed on May 24, 1822 in the Battle of Pichincha where he flamed the flag of Guayaquil next to the banners of the Gran Colombian state.

Guayaquil at the Battle of Pinchacha
Guayaquil's contribution to the absolute liberation of Quito was a reality, although there are those who give full credit to Bolívar, who was not there on May 24, but arrived several days after the battle. An excerpt from the Patriota de Guayaquil, the first Guayaquil newspaper and the main spokesperson for the Government of the Free Province, shows that that battle waged on the slopes of the Pichincha volcano was not only the glory of Colombia and Peru, but that Guayaquil also deserves the credit for that victory that consolidated the total independence of Ecuador:”

"The Patriot of Guayaquil. of Saturday June 15, 1822. The Superior Board of Government. TAKE CARE OF US. The united forces of Peru, Colombia and Guayaquil have finally broken the heavy chains that our brothers were dragging in the second capital of the Incas: and although the tyrants had entrenched them in the enormous mountains and deep ravines of that country, they have been undone in the presence of the sons of Liberty.

The waters of the Plata, Magdalena, Rímac, and Guayaquil came together to form a torrent that, climbing Pichincha, drowned tyranny in its lap. Those waters have made the tree of Liberty flourish, watering the beautiful Quito on May 25, and confirmed that the AURORA OF OCTOBER 9, which scratched on our horizon. It was the dawn of the brilliant day on which Liberty, with a majestic air, was to walk on the proud summit of the Andes.

GUAYAQUILEÑOS. When we set out to be free, we could not let the people around us groan in oppression: the undertaking was great, and the tyrants looked with disdain on our noble courage... They believed that your blood, which flowed three times in Guachi and Tanisagua, it would weaken and extinguish the flame of your patriotic love: but it became more alive; and while your sons, brothers and friends ran to arms, we doubled our efforts, and all our resources were used to lead the sons of immortal Colombia to our aid...

GUAYAQUILEÑOS. Quito is now free: your vows are fulfilled; Providence leads you by the hand to the Temple of Peace. to reap the fruits of your perseverance and your sacrifices... we will fill the page that touches us in the splendors of American history, and we will fulfill the great destinies to which we are called...

FELLOW CITIZENS AND FRIENDS. In your happiness alone is the reward for the hardships we have suffered for the COUNTRY... Under the auspices of Liberty, and with the protection of the great States that surround us, an immense race is opened for the prosperity of this beautiful and rich People, who will be called by all the nations of the earth, THE STAR OF THE WEST. Guayaquil June 9, 1822-3- OLMEDO-XIMENA-ROCA"

Annexation into Gran Colombia
Prior to the interview in Guayaquil, and officially on the occasion of it, Bolívar on July 11, 1822 arrives in the capital city of the Free State (Santiago de Guayaquil) and is received by the Guayaquil population under the cheers of "Viva Colombia", "Long live Bolívar" and "Long live Peru", expressing independence solidarity with the American peoples. Some historians have wanted to see in these public expressions a desire to annex Colombia or Peru, and others that the Guayaquil government intended to remain sovereign.

Bolívar considered Guayaquil a point of entry for Peru, which was the last region without independence in South America and the largest royalist bastion, for which he considered the annexation of the Province to the nascent Republic of Colombia strategic (previously the Quito council had already declared its annexation to Colombia). General Bolívar, backed by a strong military contingent, carried out a coup d'état, proclaiming himself Supreme Chief of the Province and decreed the annexation to Gran Colombia ., ignoring the government headed by Olmedo. The annexation of Guayaquil to Gran Colombia caused the self-exile of Olmedo, who in a moving letter informed Simón Bolívar of his disagreement with the measures adopted by his government.

Simón Bolívar receives a few days later José de San Martín, in his capacity as Head of the Government of the Province; According to historical documents, in the interview in Guayaquil, the two characters discussed, among other various issues, the way to end the emancipatory war in Peru and the form of government that was convenient for the nascent American States. While San Martín leaned towards a monarchical regime, with constitutional characteristics, Bolívar was in favor of a democratic republic. The interview did not include the fate of the Province among its points, as is often wrongly stated.

On July 31, 1822, the Free Province of Guayaquil declared its official annexation to Gran Colombia. For this reason, Guayaquil became the District of the South of the Colombian state together with the Department of Ecuador with capital in Quito and the Department of Azuay with capital in Cuenca, under the name of Department of Guayaquil with capital in the City of Guayaquil.