Mariscal was born in Oaxaca, Mexico on July 5, 1829; his father were deputy during the Mexican–American War.

He studied law at the Oaxaca Institute of Arts and Sciences, where he obtained his bachelor's degree in 1849.

[1] For his opposition to the pro Santa Anna's governor, Ignacio Martínez Pinillo, he moved to Mexico City in 1854.

[1] For his law knowledge and experience, his was elected as deputy of the 1857 Constituent Congress of Mexico.

He was member of the Judicial Committee where he took part on the debates related to the military and ecclesiastical Fuero.