“ From the final decision of any court, justice, or judge inferior to the circuit court, upon an application for a writ of habeas corpus or upon such writ when issued, an appeal may be taken to the circuit court for the district in which the cause is heard: 1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. ”

“ In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed or confined, or in custody by or under the authority or law of the United States, or of any state, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, order, or sanction of any foreign state or sovereignty the validity and effect whereof depend upon the law of nations, or under color thereof. ”

“ Ct. Rep. 148; Lau Ow Bew v. United States, 144 U.S. 47, 58, 36 L. ed. 340, 344, 12 Sup. Ct. Rep. 517; Cross v. Burke, 146 U.S. 82, 88, 36 L. ed. 896, 898, 13 Sup. Ct. Rep. 22; Whitney v. Dick, 202 U.S. 132, 135, 50 L. ed. ”