With all due respect, diverdave, you’re simply wrong. The Treaty Clause, Article II, Section 2, Clause 2, of the United States Constitution provides as follows: “[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” Note that the provision states “provided two thirds of the Senators PRESENT concur,” not "two thirds of the Senators PRESENT AND VOTING concur.” While you are correct that 42 of the 63 Senators present and voting did concur, six Senators (Sens. Cockrell, Gear, Jones, Martin, Spooner, and Thurston) were present at the time the vote was taken but DID NOT VOTE. Please refer to the relevant entry in the Congressional Record for July 6, 1898, vol. 31, page 6712. Accordingly, the proposed treaty received the concurrence of 42 of the 69 Senators present, less than the required 2/3 majority. If there had been  a valid treaty, there would have been no need for the Joint Resolution.