Where is Lincoln delegated the power to be the judge of that?
There might have been, had a solution agreeable to both sides been reached, but that wasn't part of the Davis regime's agenda. It was 'take it or leave it' and no dicussions allowed.
Good grief, the seceded states and Confedederacy attempted 5 times (IIRC) to negotiate. Congress certainly didn't declare war on SC et al when the forts were reclaimed. Resolving the issue peacefully was not in Lincoln's agenda.
Given that then again I ask, what was there for the Lincoln administration to discuss? If they weren't willing to give in on the first point then there was never any hope on the second.
In Lincoln's first inaugural speech he made it plain that the 'power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government and to collect the duties and imposts', that 'I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.' Yet he next states that '[w]here hostility to the United States in any interior locality shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object.'
Come on, either he has a constitutional obligation or he doesn't. He simply wanted the monies.