WARNING: This is a blackface minstrel song, a genre that features demeaning caricaturesrooted in racism and white supremacy.

“Nelly was a Lady” was submitted for copyright deposit on July 18, 1849, by Firth, Pond & Co. of New York. A version of the song existed by December 5, 1848 when the title was entered for copyright in Pittsburgh. 

According to Evelyn Foster Mornweck’s The Chronicles of Stephen Foster’s Family:

Stephen’s song was entered for copyright in Pittsburgh on December 5, 1848, more than seven months before it was recopyrighted on July 18, 1849, by Firth, Pond & Company. Remembering their experience with “Away Down South (Whar de Corn Grow)” and the extensive pirating of “Oh! Susanna” and “Old Uncle Ned,” either Morrison or Stephen himself registered the song. It is described in the record as an “Ethiopian Melody written and composed and arranged for four voices with pianoforte accompaniment and symphony.” Stephen C. Foster is “Claimed as Author.” About two months afterwards, February 6, 1849, a song was copyrighted by Firth, Pond & Company in the court of southern New York, entitled, “Toll the Bell for Lovely Nell, or My Dark Virginia Bride, A Favorite Ethiopian Song & Chorus by Chas. White.” Charles T. White was a very famous minstrel man of the 1840s, and, in 1848, was manager of a minstrel theater called the Melodeon at 53 Bowery, New York City. ... 

Stephen was acquainted with the minstrel leader, Charles T. White, and, at White’s request, sent him the manuscript of “Nelly Was a Lady.” The song proved successful, and on February 6, 1849, Firth, Pond & Company copyrighted it under the long title, crediting it to Charles White. On learning this, Stephen probably called their attention to the fact that he was the rightful composer, had already taken out a copyright, and sent a copy of the registration to Gil Smith to deliver personally to Firth, Pond & Company. The publishers seemed anxious to give Stephen due credit for the song, and it was entered by them in the district court of southern New York the following July 18, 1849, under the title “Nelly Was a Lady,” and the title page states it was “Written & Composed by S. C. Foster.” This was the beginning of Stephen’s association with Firth, Pond & Company, of New York, and a little further light is shed on “Nelly was a Lady” in the following letter from the publishers to Stephen, dated September 12, 1849.

S. C. Foster, Esq. Dear Sir

Your favor of 8th inst. is received and we hasten to reply. We will accept the proposition therein made, viz. to allow you two cents upon every copy of your future publications issued by our house, after the expenses of publication are paid, of course it is always our interest to push them as widely as possible. From your acquaintance with the proprietors or managers of the different bands of “minstrels,” & from your known reputation, you can undoubtedly arrange with them to sing them & thus introduce them to the public in that way, but in order to secure the copyright exclusively for our house, it is safe to hand such persons printed copies only, of the pieces, for if manuscript copies are issued particularly by the author, the market will be flooded with spurious issues in a short time. It is also advisable to compose only such pieces as are likely both in the sentiment & melody to take the public taste. Numerous instances can be cited of composers whose reputation has greatly depreciated, from the fact of their music becoming too popular, & as a consequence they write too much & too fast, & in a short time others supercede them. As soon as “Brother Gum” makes his appearance he shall be joined to pretty “Nelly,” & your interest in the two favorites duly forwarded to your address, say 50 copies of each. We remain in the hope of hearing from you soon. Very truly yours, FIRTH, POND 8c CO.

Stephen’s accounts show no income from either “Nelly Was a Lady,” or “My Brudder Gum,” and it is evident that the fifty copies of each, mentioned by the publisher, were all he ever received.